Government Wedding Crashers Immune

In Richardson-Tunnell v. SIPE, the Second Appellate District, Division Six, addressed whether a workers compensation JPA and a school district employer  could be held liable under the Californiapaparazzi statute for workers comp investigators who  posed as wedding guests so that they could surreptitiously video a claimant at her wedding -- and who later videotaped the claimant on her honeymoon -- could be held liable under California's paparazzi statute.  The court held that they could not.  Government Code section 821.6 -- which immunizes administrative and legal prosecutions -- immunized the investigative conduct.

The court also held that section 821.6's immunity is jurisdictional.  The defendants therefore did not waive the defense by failing to plead it in their answer.  Instead, it could be asserted for the first time on a motion for judgment on the pleadings; or even on appeal.