McKenna v. San Miguel Consolidated Fire Protection Dist. CA4/1

INTRODUCTION

Theresa McKenna appeals from a judgment dismissing her complaint for

negligence and intentional interference with prospective economic advantage against the

San Miguel Consolidated Fire Protection District (District) after the trial court sustained

the District's demurrer to the complaint without leave to amend. McKenna contends the

trial court erroneously found her complaint failed to state claims for direct and vicarious liability based on the unlawful manner in which the District processed her fire protection

plan (fire plan). She alternatively contends the trial court should have granted her leave

to amend her complaint to state a cause of action.

We agree with the District that the trial court correctly ruled the codes,

regulations, and ordinances McKenna relied on did not provide any basis for direct

liability because they created no mandatory duty owed to her. We further agree with the

District that the trial court correctly ruled the District did not have direct or vicarious

liability because the District and its employees are immune from liability for

discretionary acts, including decisions in a permitting or approval process. The District…