In State Department of State Hospitals v. Superior Court (Jane Doe), published November 2, 2022, the First District Court of Appeal, Division 5 issued a writ directing a trial court to sustain the petitioner department's demurrer without leave to amend. The real party plaintiff alleged that between 1997 and 1999, when she was a minor and a ward of the state confined at a state hospital, she was sexually assaulted by a department counselor. She sued the department for negligence, negligent supervision/training/hiring/retention, sexual battery, assault, and statutory civil rights violations. The department demurred to the complaint, based on Government Code section 854.8, subdivision (a)(2)'s immunity for injuries to mental patients. The trial court concluded that section 854.8's exception for liability under Government Code section 855 (failure to provide adequate or sufficient equipment, personnel, or facilities required by statute or regulation) applied. The trial court reasoned that Government Code section 815.2, which imposes vicarious liability on public employers for their employees' acts and omissions, provides minimum personnel standards. It overruled the demurrer as to all causes of action except negligent supervision/training/hiring/retention, and granted the plaintiff leave to amend that cause of action to bring it within the scope of the exception to section 854.8.
The court of appeal disagreed with the trial court's reasoning. Section 854.8 provides public entities broad immunity from liability for injuries suffered by an inpatient of a mental institution. The immunity prevails over all liability provisions of the Government Claims Act, with the exception of the sections expressly described in the statute as exceptions. The plaintiff relied on the exception for section 855. Section 855, subdivision (a) imposes liability only when a statute or regulation sets forth a specific standard that gives the public medical facility clear notice as to the minimum requirements with which it must comply. The trial court erred in ruling Government Code section 815.2 imposes minimum personnel standards triggering liability under section 855. Section 815.2 does not require any public entity to provide adequate or sufficient equipment, personnel or facilities. Further, section 815.2 is not one of the statutes listed in section 854.8 as an exception to the statute's immunity. Section 815.2 is merely a general liability provision of the Act. It is trumped by the specific immunity provision of section 845.8. The plaintiff contended she could amend her complaint to allege the department violated other statutes and regulations, including the mandated reporting statute and regulation. But neither the statute nor the regulation prescribes minimum standards for equipment, personnel, or facilities; and the plaintiff did not indicate she could allege those provisions were violated or proximately caused her injury. None of the other regulations plaintiff contended were violated provide the requisite specific minimum standards. The appellate court overruled its previous decision in Baber v. Napa State Hospital (1989) 209 Cal.App.3d 213 that similar regulations supported liability under section 855. The court instead followed Lockhart v. County of Los Angeles (2007) 155 Cal.App.4th 289, which requires that statutes or regulations impose specific minimum standards to support section 855 liability.
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