Firefighting Immunities Eliminate Public Entity Duties to Fire Victims

People v. Superior Court (United Water Conservation District), published on February 4, 2008, arises out of a suit by the California Department of Forestry and Fire Protection against the real party District, for reimbursement of fire-fighting costs.  The District admitted it started a 2003 forest fire that cost over $3.871 million to combat.  The District alleged that the plaintiff Department was negligent in fighting the fire.  The District asserted affirmative defenses of comparative fault and failure to mitigate damages.  The trial  court allowed the District to pursue these defenses. 

The Court of Appeal issued a writ directing the trial court to grant judgment on the pleadings against the defenses.  It ruled that the fire-fighting immunities under Government Code sections 850, 850.2 and 850.4 were complete immunities that eliminated any duty that the Department owes to persons or property damaged by fire.  The immunities therefore bar any allocation of fault to the Department for the fire's damage.

By comparison, Ovando v. County of Los Angeles, discussed below in an earlier post, held that another Government Code immunity (Goverment Code section 821.6) did not eliminate immune public employees' duties; and therefore did not bar apportionment of fault to those employees under Proposition 51.