Sonoma Ag Art, LLC v. Department of Food & Agriculture

*125 Opinion

Plaintiff Sonoma Ag Art, LLC (Sonoma) sued the State of California and the Department of Food and Agriculture (collectively, the State) for negligence. The trial court sustained the State’s demurrer without leave to amend. Sonoma appeals the subsequent dismissal, contending the trial court erred by finding the State is immune. We affirm.

FACTS

The State conducts the Grapevine Registration and Certification Program, testing grapevines for disease. Under the program, the State issues a grapevine certificate stating whether grapevines are diseased. Certified disease-free grapevines command higher prices than other vines.

Here, the State incorrectly found Sonoma’s grapevines had grapevine fanleaf virus. Sonoma alleges the State’s negligence caused the incorrect finding, which lowered the sale price of its vines.

After the Board of Control rejected its claim, Sonoma sued for damages. Sonoma amended its complaint three times. The State demurred to each amended complaint, claiming immunity under Government Code sections 818.4 and 821.2. 1 The trial court sustained the State’s demurrer to the third amended complaint without leave to amend. Sonoma appeals the subsequent…