Varshock

The question in this case is whether sovereign immunity under Government Code section 850.4 (section 850.4) “for any injury caused in fighting fires” or an exception under Vehicle Code section 17001 imposing liability for death or injury “proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle” applies when death and injury result from the use of a fire engine in an attempt to rescue persons and save a home from being destroyed by a wildfire. We conclude that section 850.4 immunity prevails over the Vehicle Code section 17001 exception where, as here, death or injury results from a firefighter’s allegedly negligent operation of a motor vehicle at the scene of a fire while attempting to rescue persons from the fire and to extinguish the fire. We therefore affirm the summary judgment in favor of the Department of Forestry and Fire Protection (CAL-FIRE).

I

FACTUAL AND PROCEDURAL BACKGROUND

A. The Fire at the Varshocks’ Property

Several wildfires burned through San Diego County in October and November 2007. One such fire was the Harris Ranch fire, which swept over more than 90,000 acres and destroyed more than 450…