Freeny

California’s Government Claims Act (Act; Gov. Code, § 810 et seq.) confers immunity from tort liability on public employees when they make “basic policy decisions” in a legislative capacity. (See Gov. Code, §§ 820.2, 821, 821.2.) 1 We hold that public employees’ tort immunity for legislative decisionmaking applies even when that decisionmaking is also alleged to involve the making of misrepresentations motivated by “actual fraud, corruption or actual malice.” (§ 822.2.) For this reason and others, we affirm the dismissal of plaintiffs’ suit against a city and five city council members for nearly $2 million in compensatory damages, plus punitive damages, for voting against an application for building permits and variances.

FACTS AND PROCEDURAL HISTORY

We draw these facts from the allegations in the complaint, which we accept as true except where contradicted by the exhibits attached to the complaint. (Tucker v. Pacific Bell Mobile Services (2012) 208 Cal.App.4th 201, 210 [ 145 Cal.Rptr.3d 340 ].)

*1338 I. Administrative Review

Plaintiffs Robert and Linda Freeny (plaintiffs) own two adjacent parcels of land in midtown City of San Buenaventura (City). For three years,…