text:
(a) The tartan defined in subdivision (b) is the official State Tartan, and may be claimed by any resident of the state.

(b) The official State Tartan is generally described as a pattern or sett consisting of alternate squares of meadow green and pacific blue that are separated and surrounded by narrow charcoal bands. The squares of meadow green are divided by a gold seam that is supported by charcoal lines on each side. There are three redwood stripes, the middle of which is broader, that are added to each side of the gold seam. The pacific blue square is divided by a sky blue stripe, which is supported on each side by charcoal lines.

The tartan is specifically defined by the following weave code:

Y..B..G..S..G...S..G..S..G..B..A..B..K... Ancient Colors

8...2..20..4..20..8..20..4..20..32..56..2...8... Full Pivots

This weave code means that the threads begin with 8 threads of yellow, followed by 2 threads of black, 20 threads of green, 4 threads of scarlet, 20 threads of green, 8 threads of scarlet, 20 threads of green, 4 threads of scarlet, 20 threads of green, 32 threads of black, 56 threads of azure, 2 threads of black, and 8 threads of sky blue. At that point the weave pivots and returns, beginning with 2 threads of black, and continuing the sequence in reverse order through 8 threads of yellow, at which point it pivots back again.

history: (History: Added by Stats. 2001, Ch. 100, Sec. 2. Effective January 1, 2002.)

title: 1. GENERAL


kind: section

code: GOV

text: The California dog-face butterfly (Zerene eurydice) is the official State Insect.

history: (History: Added by Stats. 1972, Ch. 521.)

division: 2. STATE SEAL, FLAG, AND EMBLEMS

title: 1. GENERAL

chapter: 2. State Flag and Emblems

path: 1. GENERAL > 2. STATE SEAL, FLAG, AND EMBLEMS > 2. State Flag and Emblems


text: Lace lichen (Ramalina menziesii) is the official state lichen.

history: (History: Added by Stats. 2015, Ch. 113, Sec. 2. (AB 1528) Effective January 1, 2016.)

title: 1. GENERAL


text: Surfing is the official state sport.

history: (History: Added by Stats. 2018, Ch. 162, Sec. 2. (AB 1782) Effective January 1, 2019.)

title: 1. GENERAL


citation: GOV § 425

text:
The state animal is the California Grizzly Bear (Ursus Californicus) as depicted in outline, details, and in colors on the official representation in the custody of the Secretary of State. The color references of the bear shall be in accordance with those set forth in Section 420.

All state representations of the state animal in details and in colors shall be in accordance with this section and shall correspond substantially with the following representation thereof:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The California Grizzly Bear appears in the hard-copy publication of the chaptered bill. See Chapter 1140, page 2639, Statutes of 1953.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

history: (History: Added by Stats. 1953, Ch. 1140. Note: The California Grizzly Bear appears in Ch. 1140 on page 2639 in Vol. 2 of the 1953 Statutes publication.)

title: 1. GENERAL


text: Native gold is the official State Mineral and mineralogic emblem.

history: (History: Added by Stats. 1965, Ch. 89.)

title: 1. GENERAL


text: Serpentine is the official State Rock and lithologic emblem.

title: 1. GENERAL


text: Benitoite is the official state gemstone.

history: (History: Added by Stats. 1985, Ch. 1365, Sec. 1.)

title: 1. GENERAL


text: The California gray whale (Eschrichtius robustus) is the official State Marine Mammal.

history: (History: Added by Stats. 1975, Ch. 328.)

title: 1. GENERAL


text: The garibaldi (Hypsypops rubicundus) is the official state marine fish.

history: (History: Added by Stats. 1995, Ch. 948, Sec. 2. Effective January 1, 1996.)

title: 1. GENERAL


text:
(a) The Augustynolophus morrisi is the official state dinosaur.

(b) The saber-toothed cat (Smilodon californicus) is the official state fossil.

history: (History: Amended by Stats. 2017, Ch. 264, Sec. 1. (AB 1540) Effective January 1, 2018.)

title: 1. GENERAL


text: The Chipped Stone Bear (bear-shaped eccentric) is the official state prehistoric artifact.

history: (History: Added by Stats. 1991, Ch. 73, Sec. 1.)

title: 1. GENERAL


text:
(a) The Legislature finds and declares that San Joaquin Soil is the official soil of California. It is one of four soils to be originally described at the beginning of this century, and the beginning of soil studies in California. San Joaquin Soil is approximately 50,000 to 250,000 years old and was derived from and deposited by the runoff of swollen streams during the glacial period, from mountain glaciers in the Sierra Nevada.

(b) The Legislature hereby designates San Joaquin Soil as the official State Soil.

history: (History: Added by Stats. 1997, Ch. 331, Sec. 2. Effective January 1, 1998.)

title: 1. GENERAL


text: Purple needlegrass, or Nassella pulchra, is the official State Grass.

history: (History: Added by Stats. 2004, Ch. 243, Sec. 2. Effective January 1, 2005.)

title: 1. GENERAL


text: California Golden Chanterelle (Cantharellus californicus) is the official state mushroom.

history: (History: Added by Stats. 2023, Ch. 644, Sec. 2. (AB 261) Effective January 1, 2024.)

title: 1. GENERAL


text: The pallid bat (Antrozous pallidus) is the official state bat.

history: (History: Added by Stats. 2023, Ch. 502, Sec. 2. (SB 732) Effective January 1, 2024.)

title: 1. GENERAL


text: The banana slug (Ariolimax) is the official state slug.

history: (History: Added by Stats. 2024, Ch. 668, Sec. 2. (AB 1850) Effective January 1, 2025.)

title: 1. GENERAL


text: The shell of the black abalone (Haliotis cracherodii) is the official state seashell.

history: (History: Added by Stats. 2024, Ch. 669, Sec. 1. (AB 2504) Effective January 1, 2025.)

title: 1. GENERAL


text: The Dungeness crab (Metacarcinus magister) is the official state crustacean.

history: (History: Added by Stats. 2024, Ch. 667, Sec. 2. (AB 1797) Effective January 1, 2025.)

title: 1. GENERAL


text: Bigberry manzanita (Arctostaphylos glauca) is the official state shrub.

history: (History: Added by Stats. 2025, Ch. 481, Sec. 2. (AB 581) Effective January 1, 2026.)

title: 1. GENERAL


citation: GOV § 426

text:
The general design and the details of the Seal of the Governor of the State of California, excluding colors, shall correspond substantially with the following representation thereof:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Governor’s Seal appears in the hard-copy publication of the chaptered bill. See Chapter 963, page 2203, Statutes of 1957.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The roman numerals shall designate the sequence in office of the Governor.

history: (History: Added by Stats. 1957, Ch. 963. Note: The Governor's Seal appears in Ch. 963 on page 2203 in Vol. 1 of the 1957 Statutes publication, but current roman numerals are XL.)

title: 1. GENERAL


citation: GOV § 427

text: When the seal of the Governor is prepared in colors, the Bear Flag shall be shown in colors as set forth in Section 420; the blue field back of the flag, the outside border of the lettering “Seal of the Governor of the State of California”, and the roman numerals shall be in Yale Blue, Cable No. 70086; the 31 stars, and the background upon which the lettering and roman numerals appear, shall be of United States Army Color Card designation Golden Yellow, No. 65001. The rising sun shall be of Indian Orange, Cable No. 70072; the flowers of the poppy shall be shades of Poppy Orange, No. 70069, Princeton Orange, No. 70070, and Golden Poppy, No. 70071. The stem and pods of the poppy shall be in shades of Jade Green, No. 70166 and Irish Green, No. 70168. Colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York.

history: (History: Added by Stats. 1957, Ch. 963.)

title: 1. GENERAL


citation: GOV § 428

text:
The general design and details of the flag of the Governor of the State of California, excluding colors, shall correspond substantially with the following representation thereof:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Governor’s Flag appears in the hard-copy publication of the chaptered bill. See Chapter 963, page 2204, Statutes of 1957.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

history: (History: Added by Stats. 1957, Ch. 963. Note: The Governor's Flag appears in Ch. 963 on page 2204 in Vol. 1 of the 1957 Statutes publication.)

title: 1. GENERAL


citation: GOV § 429

text:
When the flag of the Governor is prepared in colors, the following colors shall be used:

The field of the flag shall be Yale Blue, Cable No. 70086; the four stars in each of the corners of the flag shall be white; the golden fringe, circle of the center seal, and the rising sun within the seal shall be United States Army Color Card designation Golden Yellow, No. 65001; the field of the seal shall be Independence Blue, Cable No. 70076; the 31 stars in the seal and the word “Eureka” shall be white; the rising sun shall be Indian Orange, Cable No. 70072; the mountains shall be shades of Orchid, Cable No. 70133, and Amethyst, Cable No. 70134; the water shall be Grotto Blue, Cable No. 70022; the ship shall be Independence Blue, Cable No. 70076, and white; the terrain shall be shades of Oakwood, Cable No. 70093, and Cork, Cable No. 70092; the miner’s shirt and pick shall be Plum, Cable No. 70135; the face and arms of Goddess Minerva and of the miner shall be Ecru, Cable No. 70134; the helmet and breastplate of Minerva shall be Robins Egg, Cable No. 70204; the dress of Minerva shall be white; the robe of Minerva and the pants of the miner shall be Cardinal, Cable No. 70081; the shield of Minerva and the sheaf of wheat shall be United States Army Color Card designation Golden Yellow No. 65001, and Oakwood, Cable No. 70093; the spear of Minerva shall be Oakwood, Cable No. 70094 and white; the cornucopia shall be white and Amethyst, Cable No. 70134; the grapes shall be Amethyst, Cable No. 70134; the fruit shall be Cardinal, Cable No. 70081, and Irish Green, Cable No. 70168; the grass shall be Irish Green, Cable No. 70168; the bear shall be in colors as set forth in Section 420.

All white shall be Cable No. 70001.

All Cable number colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York.

title: 1. GENERAL


text: The LGBTQ Veterans Memorial at the Desert Memorial Park in Cathedral City is the official state LGBTQ veterans memorial.

history: (History: Added by Stats. 2018, Ch. 172, Sec. 2. (AB 2439) Effective January 1, 2019.)

title: 1. GENERAL


text: The California Historical Society is the official state historical society.

history: (History: Added by Stats. 1979, Ch. 52.)

title: 1. GENERAL


text: The California State Military Museum and Resource Center is the official state military museum.

history: (History: Added by Stats. 2004, Ch. 133, Sec. 2. Effective January 1, 2005.)

title: 1. GENERAL


text: Bodie is the official state gold rush ghost town.

history: (History: Added by Stats. 2002, Ch. 365, Sec. 3. Effective January 1, 2003.)

title: 1. GENERAL


text: Calico is the official state silver rush ghost town.

history: (History: Added by Stats. 2005, Ch. 90, Sec. 1. Effective January 1, 2006.)

title: 1. GENERAL


text: The California Vietnam Veterans Memorial is the official state Vietnam veterans war memorial.

history: (History: Added by Stats. 2013, Ch. 191, Sec. 2. (AB 1289) Effective January 1, 2014.)

title: 1. GENERAL


citation: GOV § 430

text:
The Flag of the United States and the Flag of the State of California (the Bear Flag) shall be prominently installed, displayed, and maintained in the following places:

(a) In the courtrooms of all courts of the State.

(b) In all rooms where any court or any state, county, or municipal commission holds any sessions.

history: (History: Added by Stats. 1953, Ch. 170.)

title: 1. GENERAL

chapter: 3. Display of Flags

path: 1. GENERAL > 2. STATE SEAL, FLAG, AND EMBLEMS > 3. Display of Flags


citation: GOV § 431

text:
The Flag of the United States and the Flag of the State shall be prominently displayed during business hours upon or in front of the buildings or grounds of or at each of the following places:

(a) Each public building belonging to the State, a county, or a municipality.

(b) At the entrance and exit of every state park.

(c) At the entrance or upon the grounds of each campus of the University of California.

(d) At the entrance or upon the grounds or upon the administration building of every university, college, high school, and elementary school, both public and private, within the State.

(e) Upon or at every agricultural inspection station just inside California and located on every highway leading into California.

(f) At the entrance of or within every state highway maintenance station where personnel reside or are on duty at the time necessary to raise and lower the Flag.

history: (History: Amended by Stats. 1953, Ch. 1227.)

title: 1. GENERAL


citation: GOV § 432

text: The Flag of the United States and the Flag of the State shall be prominently displayed during any and all games and performances of every kind which take place in a coliseum, stadium, bowl, or other open air sites, and at all race tracks where racing is being conducted.

title: 1. GENERAL


citation: GOV § 433

text:
The National and State Flags shall be carried at the head of any procession or parade of:

(a) The National Guard.

(b) The California State Guard.

(c) Any other state military organization.

(d) Sheriff’s posse.

(e) City police or fire department.

title: 1. GENERAL


citation: GOV § 434

text: Where the installation or display of the Flag of the United States and the Flag of the State in a place publicly owned, whether by the State, a county, or a municipality, is prescribed, public officials charged with furnishing the place shall provide for the acquisition of the flags and their installation, display, and maintenance pursuant to this chapter.

title: 1. GENERAL


text:
(a) As used in this section, the following terms have the following meaning:

(1) “Legal right” means the freedom of use and enjoyment generally exercised by owners and occupiers of land.

(2) “Local government agency” means a county, city, whether general law or chartered, city and county, town, municipal corporation, school district or other district, political subdivision, or any board, commission, or agency thereof, or other local agency.

(b) (1) No person, private entity, or governmental agency shall adopt any rule, regulation, or ordinance, or enter into any agreement or covenant, that prevents any person or private entity that would otherwise have the legal right to display a Flag of the United States on private property from exercising that right, unless it is used as, or in conjunction with, an advertising display.

(2) Nothing in this subdivision shall be construed to prevent a city, county, or city and county from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the public’s health, safety, or order.

(c) (1) A local government agency may not adopt any policy or regulation that prohibits or restricts an employee of that agency from displaying a Flag of the United States, or a pin of that flag, on his or her person, in his or her workplace, or on a local government agency vehicle operated by that employee.

(2) Nothing in this subdivision shall be construed to prevent a local government agency from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the order or discipline of the workplace.

(d) No restrictions solely to promote aesthetic considerations shall be imposed pursuant to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c).

history: (History: Amended by Stats. 2002, Ch. 73, Sec. 1. Effective January 1, 2003.)

title: 1. GENERAL


text:
(a) On and after January 1, 2017, any Flag of the United States or the Flag of the State of California purchased by the state or any local government agency shall be made in the United States.

(b) For purposes of this section, the term “local government agency” means a county, city, city and county, town, municipal corporation, school district or other district, political subdivision, or any board, commission, or agency thereof, or other local agency.

history: (History: Added by Stats. 2016, Ch. 717, Sec. 1. (SB 1012) Effective January 1, 2017.)

title: 1. GENERAL


citation: GOV § 435

text: Where a city or county has adopted an official flag, it is unlawful for any other city or county to adopt an official flag so similar that it might deceive or mislead anyone as to the city or county to which it belongs.

title: 1. GENERAL


citation: GOV § 436

text: Where the National and State Flags are used, they shall be of the same size. If only one flagpole is used, the National Flag shall be above the State Flag and the State Flag shall be hung in such manner as not to interfere with any part of the National Flag. At all times the National Flag shall be placed in the position of first honor.

title: 1. GENERAL


citation: GOV § 437

text: The superior court having jurisdiction of the offense shall enforce this chapter on the complaint of any citizen of the county.

title: 1. GENERAL


citation: GOV § 438

text: All United States Flags now in the possession of state, county, city, and district agencies, or hereafter acquired by such agencies under contracts awarded prior to March 18, 1959, may be utilized until unserviceable.

history: (History: Added by Stats. 1959, Ch. 1521.)

title: 1. GENERAL


citation: GOV § 439

text: The Adjutant General shall, by regulation, prescribe rules regarding the times, places, and manner in which the State Flag may be displayed. He shall, periodically, compile the laws and regulations regarding the State Flag. Copies of the compilation shall be printed and made available to the public at cost by the Department of General Services.

history: (History: Amended by Stats. 1965, Ch. 371.)

title: 1. GENERAL


citation: GOV § 440

text:
The general design and details of the Seal of the Senate of the State of California, excluding colors, shall correspond substantially with the following representation thereof:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Senate Seal appears in the hard-copy publication of the chaptered bill. See Chapter 293, page 654, Statutes of 1968.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

history: (History: Added by Stats. 1968, Ch. 293. Note: The Senate Seal appears in Ch. 293 on page 654 in Vol. 1 of the 1968 Statutes publication.)

title: 1. GENERAL

chapter: 4. Seal of the Senate

path: 1. GENERAL > 2. STATE SEAL, FLAG, AND EMBLEMS > 4. Seal of the Senate


citation: GOV § 441

text:
When the Seal of the Senate is prepared in color, the following colors shall be used:

The outer circle and the words “Seal of the Senate of the State of California” shall be Popcorn, Cable No. 70203; the second circle and the shadow of each letter shall be Tobacco, Cable No. 70095; the third circle shall be Ivory, Cable No. 70002; the field of the seal shall be Forget-me-not, Cable No. 70012; the oak leaves shall be Evergreen, Cable No. 70036 with veins of Crab Apple, Cable No. 70149, Reseda, Cable No. 70035 with veins of Evergreen, Cable No. 70036, Mosstone, Cable No. 70155 with veins of Scarlet, Cable No. 70080, and Olive, Cable No. 70156 with veins of Mosstone, Cable No. 70155; the scroll shall be shades of Champagne, Cable No. 70091 and Oakwood, Cable No. 70094; the word “Legis,” the flourish, and “MDCCCL” shall be Oakwood, Cable No. 70094; the roller knobs shall be shades of Tobacco, Cable No. 70095 and Champagne, Cable No. 70091; the quill shall be shades of Purple, Cable No. 70060 and Homage Blue, Cable No. 70078; the acorns shall be shades of Caramel Brown, Cable No. 70120 and Burnished Straw, Cable No. 70117.

All Cable number colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York.

history: (History: Added by Stats. 1968, Ch. 293.)

title: 1. GENERAL


citation: GOV § 442

text: The use of the Seal of the Senate shall be as prescribed by the Rules of the Senate. Every person who maliciously or for commercial purposes or contrary to the Rules of the Senate uses or allows to be used any reproduction or facsimile of the Seal of the Senate in any manner whatsoever is guilty of a misdemeanor.

title: 1. GENERAL


citation: GOV § 445

text:
The general design and details of the Seal of the Assembly of the State of California, excluding colors, shall correspond substantially with the following representation thereof:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Assembly Seal appears in the hard-copy publication of the chaptered bill. See Chapter 512, page 1156, Statutes of 1968.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

history: (History: Added by Stats. 1968, Ch. 512. Note: The Assembly Seal appears in Ch. 512 on page 1156 in Vol. 1 of the 1968 Statutes publication.)

title: 1. GENERAL

chapter: 5. Seal of the Assembly

path: 1. GENERAL > 2. STATE SEAL, FLAG, AND EMBLEMS > 5. Seal of the Assembly


citation: GOV § 446

text:
When the Seal of the Assembly is prepared in color, the following colors shall be used:

The outer circle and the words “California State Assembly” shall be Gold, Cable No. 70157; the second circle shall be White, Cable No. 70001; the third circle shall be Gold, Cable No. 70157; the field of the seal shall be Independence Blue, Cable No. 70076; the poppies, bear, gavel, and column shall be Gold, Cable No. 70157 and Bronze, Cable No. 70159; the palm tree shall be shades of Gold, Cable No. 70157 and Bronze, Cable No. 70159, with fronds of Hunter, Cable No. 70064 and Bottle Green, Cable No. 70066; the mountains and clouds shall be White, Cable No. 70001; the mountains shall have shadows of Amethyst, Cable No. 70134; the grass shall be shades of Primitive Green, Cable No. 70167, Hunter, Cable No. 70064, and Graphite Blue, Cable No. 70114; the background for gavel and column shall be Dark Cardinal, Cable No. 70082; the background for the palm tree and mountains shall be Forget-me-not, Cable No. 70012; the scroll shall be White, Cable No. 70001 with borders of Gold, Cable No. 70157; the words “Legislatorum est Justas Leges Condere” and the outlines of the shield shall be Gold, Cable No. 70157.

All Cable number colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York.

history: (History: Added by Stats. 1968, Ch. 512.)

title: 1. GENERAL


citation: GOV § 447

text: The use of the Seal of the Assembly shall be as prescribed by the Rules of the Assembly. Every person who maliciously or for commercial purposes or contrary to the Rules of the Assembly uses or allows to be used any reproduction or facsimile of the Seal of the Assembly in any manner whatsoever is guilty of a misdemeanor.

title: 1. GENERAL


citation: GOV § 450

text:
The permanent seat of government of the state is at the City of Sacramento, but the Governor shall designate by written proclamation an alternative temporary seat of government for use in the event of war or enemy-caused disaster, or the imminence thereof. The proclamation shall be filed with the Secretary of State. A different temporary seat of government may be so designated at any time as circumstances indicate the desirability of such a change.

The Director of General Services, and any other state agency as directed by him, shall provide such facilities of any kind at the temporary seat of government as appear desirable for the functioning of the government of the state at the temporary seat of government in the event it becomes necessary, pursuant to this section.

title: 1. GENERAL

chapter: 1. Seat of Government

path: 1. GENERAL > 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES > 1. Seat of Government


citation: GOV § 460

text: The state is divided into counties. The names, boundaries, and territorial subdivisions thereof are declared in Title 3 (commencing with Section 23000).

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 33.)

title: 1. GENERAL

chapter: 2. Counties

path: 1. GENERAL > 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES > 2. Counties


citation: GOV § 500

text: The legal distances in the State are fixed in this chapter.

history: (History: Enacted by Stats. 1943, Ch. 134.)

title: 1. GENERAL

chapter: 6. Legal Distances

path: 1. GENERAL > 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES > 6. Legal Distances


citation: GOV § 501

text: When mileage is allowed by law to any person, the distance shall be computed as fixed in this chapter.

division: 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES

title: 1. GENERAL


citation: GOV § 502

text: From the county seat of Alameda County to Sacramento it is eighty-four (84) miles.

title: 1. GENERAL


citation: GOV § 503

text: From the county seat of Alpine County to Sacramento it is two hundred and twenty-five (225) miles.

title: 1. GENERAL


citation: GOV § 504

text: From the county seat of Amador County to Sacramento it is fifty-nine (59) miles.

title: 1. GENERAL


citation: GOV § 505

text: From the county seat of Butte County to Sacramento it is eighty-six (86) miles.

title: 1. GENERAL


citation: GOV § 506

text: From the county seat of Calaveras County to Sacramento it is seventy-three (73) miles.

title: 1. GENERAL


citation: GOV § 507

text: From the county seat of Colusa County to Sacramento it is seventy-seven (77) miles.

title: 1. GENERAL


citation: GOV § 508

text: From the county seat of Contra Costa County to Sacramento it is sixty-two (62) miles.

title: 1. GENERAL


citation: GOV § 509

text: From the county seat of Del Norte County to Sacramento it is three hundred and sixty-four (364) miles.

title: 1. GENERAL


citation: GOV § 510

text: From the county seat of El Dorado County to Sacramento it is sixty (60) miles.

title: 1. GENERAL


citation: GOV § 511

text: From the county seat of Fresno County to Sacramento it is one hundred and sixty-nine (169) miles.

title: 1. GENERAL


citation: GOV § 512

text: From the county seat of Glenn County to Sacramento it is eighty-eight (88) miles.

title: 1. GENERAL


citation: GOV § 513

text: From the county seat of Humboldt County to Sacramento it is three hundred and twelve (312) miles.

title: 1. GENERAL


citation: GOV § 514

text: From the county seat of Imperial County to Sacramento it is six hundred sixty-one (661) miles.

title: 1. GENERAL


citation: GOV § 515

text: From the county seat of Inyo County to Sacramento it is four hundred and sixty-six (466) miles.

title: 1. GENERAL


citation: GOV § 516

text: From the county seat of Kern County to Sacramento it is two hundred and seventy-eight (278) miles.

title: 1. GENERAL


citation: GOV § 517

text: From the county seat of Kings County to Sacramento it is two hundred and fourteen (214) miles.

title: 1. GENERAL


citation: GOV § 518

text: From the county seat of Lake County to Sacramento it is one hundred and sixty (160) miles.

title: 1. GENERAL


citation: GOV § 519

text: From the county seat of Lassen County to Sacramento it is two hundred and sixty (260) miles.

title: 1. GENERAL


citation: GOV § 520

text: From the county seat of Los Angeles County to Sacramento it is four hundred and forty-seven (447) miles.

title: 1. GENERAL


citation: GOV § 521

text: From the county seat of Madera County to Sacramento it is one hundred and forty-seven (147) miles.

title: 1. GENERAL


citation: GOV § 522

text: From the county seat of Marin County to Sacramento it is one hundred and five (105) miles.

title: 1. GENERAL


citation: GOV § 523

text: From the county seat of Mariposa County to Sacramento it is one hundred and eighty (180) miles.

title: 1. GENERAL


citation: GOV § 524

text: From the county seat of Mendocino County to Sacramento it is one hundred and fifty (150) miles.

title: 1. GENERAL


citation: GOV § 525

text: From the county seat of Merced County to Sacramento it is one hundred and fourteen (114) miles.

title: 1. GENERAL


citation: GOV § 526

text: From the county seat of Modoc County to Sacramento it is three hundred and twenty-four (324) miles.

title: 1. GENERAL


citation: GOV § 527

text: From the county seat of Mono County to Sacramento it is two hundred and ninety-six (296) miles.

title: 1. GENERAL


citation: GOV § 528

text: From the county seat of Monterey County to Sacramento it is two hundred and eight (208) miles.

title: 1. GENERAL


citation: GOV § 529

text: From the county seat of Napa County to Sacramento it is sixty-one (61) miles.

title: 1. GENERAL


citation: GOV § 530

text: From the county seat of Nevada County to Sacramento it is seventy-seven (77) miles.

title: 1. GENERAL


citation: GOV § 531

text: From the county seat of Orange County to Sacramento it is four hundred and eighty-one (481) miles.

title: 1. GENERAL


citation: GOV § 532

text: From the county seat of Placer County to Sacramento it is thirty-seven (37) miles.

title: 1. GENERAL


citation: GOV § 533

text: From the county seat of Plumas County to Sacramento it is one hundred and thirty-six (136) miles.

title: 1. GENERAL


citation: GOV § 534

text: From the county seat of Riverside County to Sacramento it is five hundred and twelve (512) miles.

title: 1. GENERAL


citation: GOV § 535

text: From the county seat of Sacramento to the State Capitol it is one (1) mile.

title: 1. GENERAL


citation: GOV § 536

text: From the county seat of San Benito County to Sacramento it is one hundred and seventy-three (173) miles.

title: 1. GENERAL


citation: GOV § 537

text: From the county seat of San Bernardino County to Sacramento it is five hundred and eight (508) miles.

title: 1. GENERAL


citation: GOV § 538

text: From the county seat of San Diego County to Sacramento it is five hundred and seventy-three (573) miles.

title: 1. GENERAL


citation: GOV § 539

text: From the City of San Francisco to Sacramento it is ninety (90) miles.

title: 1. GENERAL


citation: GOV § 540

text: From the county seat of San Joaquin County to Sacramento it is forty-eight (48) miles.

title: 1. GENERAL


citation: GOV § 541

text: From the county seat of San Luis Obispo County to Sacramento it is three hundred and forty-three (343) miles.

title: 1. GENERAL


citation: GOV § 542

text: From the county seat of San Mateo County to Sacramento it is one hundred and nineteen (119) miles.

title: 1. GENERAL


citation: GOV § 543

text: From the county seat of Santa Barbara County to Sacramento it is four hundred and sixty (460) miles.

title: 1. GENERAL


citation: GOV § 544

text: From the county seat of Santa Clara County to Sacramento it is one hundred and twenty-eight (128) miles.

title: 1. GENERAL


citation: GOV § 545

text: From the county seat of Santa Cruz County to Sacramento it is one hundred and ninety-eight (198) miles.

title: 1. GENERAL


citation: GOV § 546

text: From the county seat of Shasta County to Sacramento it is one hundred and seventy-one (171) miles.

title: 1. GENERAL


citation: GOV § 547

text: From the county seat of Sierra County to Sacramento it is one hundred and nineteen (119) miles.

title: 1. GENERAL


citation: GOV § 548

text: From the county seat of Siskiyou County to Sacramento it is two hundred and ninety-five (295) miles.

title: 1. GENERAL


citation: GOV § 549

text: From the county seat of Solano County to Sacramento it is forty (40) miles.

title: 1. GENERAL


citation: GOV § 550

text: From the county seat of Sonoma County to Sacramento it is ninety (90) miles.

title: 1. GENERAL


citation: GOV § 551

text: From the county seat of Stanislaus County to Sacramento it is seventy-seven (77) miles.

title: 1. GENERAL


citation: GOV § 552

text: From the county seat of Sutter County to Sacramento it is fifty-eight (58) miles.

title: 1. GENERAL


citation: GOV § 553

text: From the county seat of Tehama County to Sacramento it is one hundred and thirty-five (135) miles.

title: 1. GENERAL


citation: GOV § 554

text: From the county seat of Trinity County to Sacramento it is two hundred and seventeen (217) miles.

title: 1. GENERAL


citation: GOV § 555

text: From the county seat of Tulare County to Sacramento it is two hundred and six (206) miles.

title: 1. GENERAL


citation: GOV § 556

text: From the county seat of Tuolumne County to Sacramento it is one hundred and twenty-five (125) miles.

title: 1. GENERAL


citation: GOV § 557

text: From the county seat of Ventura County to Sacramento it is four hundred and ninety (490) miles.

title: 1. GENERAL


citation: GOV § 558

text: From the county seat of Yolo County to Sacramento it is twenty-three (23) miles.

title: 1. GENERAL


citation: GOV § 559

text: From the county seat of Yuba County to Sacramento it is fifty-two (52) miles.

title: 1. GENERAL


citation: GOV § 800

text:
(a) In any civil action to appeal or review the award, finding, or other determination of any administrative proceeding under this code or under any other provision of state law, except actions resulting from actions of the Department of General Services, if it is shown that the award, finding, or other determination of the proceeding was the result of arbitrary or capricious action or conduct by a public entity or an officer thereof in his or her official capacity, the complainant if he or she prevails in the civil action may collect from the public entity reasonable attorney’s fees, computed at one hundred dollars ($100) per hour, but not to exceed seven thousand five hundred dollars ($7,500), if he or she is personally obligated to pay the fees in addition to any other relief granted or other costs awarded.

(b) This section is ancillary only, and shall not be construed to create a new cause of action.

(c) The refusal by a public entity or officer thereof to admit liability pursuant to a contract of insurance shall not be considered arbitrary or capricious action or conduct within the meaning of this section.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 32. (SB 836) Effective June 27, 2016.)

title: 1. GENERAL

path: 1. GENERAL > 3.5. COSTS IN CIVIL ACTIONS RESULTING FROM ADMINISTRATIVE PROCEEDINGS


citation: GOV § 810

text:
(a) Unless the provision or context otherwise requires, the definitions contained in this part govern the construction of this division.

(b) This division may be referred to as the Government Claims Act.

history: (History: Amended by Stats. 2012, Ch. 759, Sec. 5. (AB 2690) Effective January 1, 2013.)

part: 1. DEFINITIONS

title: 1. GENERAL

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 1. DEFINITIONS


text: “Employee” includes an officer, judicial officer as defined in Section 327 of the Elections Code, employee, or servant, whether or not compensated, but does not include an independent contractor.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 30. Effective January 1, 1995.)

division: 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES

title: 1. GENERAL


text: “Employment” includes office or employment.

history: (History: Added by Stats. 1963, Ch. 1681.)

title: 1. GENERAL


text: “Enactment” means a constitutional provision, statute, charter provision, ordinance or regulation.

title: 1. GENERAL


text: “Injury” means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to his person, reputation, character, feelings or estate, of such nature that it would be actionable if inflicted by a private person.

title: 1. GENERAL


citation: GOV § 811

text: “Law” includes not only enactments but also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States.

title: 1. GENERAL


text: “Public entity” includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.

history: (History: Amended by Stats. 2010, Ch. 636, Sec. 1. (SB 1046) Effective January 1, 2011.)

title: 1. GENERAL


text: “Public employee” means an employee of a public entity.

title: 1. GENERAL


text: “Regulation” means a rule, regulation, order or standard, having the force of law, adopted by an employee or agency of the United States pursuant to the federal Administrative Procedure Act (Chapter 5 (commencing with Section 500) of Title 5 of the United States Code) or as a regulation by an agency of the state pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).

history: (History: Amended by Stats. 1988, Ch. 160, Sec. 50.)

title: 1. GENERAL


text: “Statute” means an act adopted by the Legislature of this State or by the Congress of the United States, or a statewide initiative act.

title: 1. GENERAL


text:
(a) Notwithstanding any other provision of law, judges, subordinate judicial officers, and court executive officers of the superior courts are state officers for purposes of Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive, and trial court employees are employees of the trial court for purposes of Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive. The Judicial Council shall provide for representation, defense, and indemnification of those individuals and the court pursuant to Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive. The Judicial Council shall provide for that representation or defense through the county counsel, the Attorney General, or other counsel. The county counsel and the Attorney General may, but are not required to, provide representation or defense for a trial court, judge, subordinate judicial officer, court executive officer, or trial court employee if the Judicial Council requests that assistance to fulfill its duties under this section. The fact that a justice, judge, subordinate judicial officer, court executive officer, court employee, the court, the Judicial Council, or the staff of the Judicial Council is or was represented or defended by the county counsel, the Attorney General, or other counsel shall not be the sole basis for a judicial determination of disqualification of a justice, judge, subordinate judicial officer, the county counsel, the Attorney General, or other counsel in unrelated actions.

(b) To promote the cost-effective, prompt, and fair resolution of actions, proceedings, and claims affecting the trial courts, the Judicial Council shall adopt rules of court requiring its staff to manage actions, proceedings, and claims that affect the trial courts and involve superior courts, superior court judges, subordinate judicial officers, court executive officers, or trial court employees in consultation with the affected courts and individuals. The staff’s management of these actions, proceedings, and claims shall include, but not be limited to, case management and administrative responsibilities such as selection of counsel and making strategic and settlement decisions.

(c) Nothing in this section shall be construed to affect the employment status of subordinate judicial officers, court executive officers, and trial court employees related to any matters not covered by subdivision (a).

history: (History: Amended by Stats. 2023, Ch. 478, Sec. 23. (AB 1756) Effective January 1, 2024.)

title: 1. GENERAL


citation: GOV § 814

text: Nothing in this part affects liability based on contract or the right to obtain relief other than money or damages against a public entity or public employee.

title: 1. GENERAL

article: 1. Scope of Part

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 1. General Provisions Relating to Liability > 1. Scope of Part


text: Nothing in this part shall be construed to impliedly repeal any provision of Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code.

title: 1. GENERAL

chapter: 1. General Provisions Relating to Liability

article: 1. Scope of Part


citation: GOV § 815

text:
Except as otherwise provided by statute:

(a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.

(b) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would be available to the public entity if it were a private person.

title: 1. GENERAL

article: 2. Liability of Public Entities

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 1. General Provisions Relating to Liability > 2. Liability of Public Entities


text:
(a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.

(b) Except as otherwise provided by statute, a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability.

title: 1. GENERAL

article: 2. Liability of Public Entities


text:
(a) Notwithstanding any other provision of this part, unless the elected official and the public entity are named as codefendants in the same action, a public entity is not liable to a plaintiff under this part for any act or omission of an elected official employed by or otherwise representing that public entity, which act or omission constitutes an intentional tort, including, but not limited to, harassment, sexual battery, and intentional infliction of emotional distress. For purposes of this section, harassment in violation of state or federal law constitutes an intentional tort, to the extent permitted by federal law. This section shall not apply to defamation.

(b) If the elected official is held liable for an intentional tort other than defamation in such an action, the trier of fact in reaching the verdict shall determine if the act or omission constituting the intentional tort arose from and was directly related to the elected official’s performance of his or her official duties. If the trier of fact determines that the act or omission arose from and was directly related to the elected official’s performance of his or her official duties, the public entity shall be liable for the judgment as provided by law. For the purpose of this subdivision, employee managerial functions shall be deemed to arise from, and to directly relate to, the elected official’s official duties. However, acts or omissions constituting sexual harassment shall not be deemed to arise from, and to directly relate to, the elected official’s official duties.

(c) If the trier of fact determines that the elected official’s act or omission did not arise from and was not directly related to the elected official’s performance of his or her official duties, upon a final judgment, including any appeal, the plaintiff shall first seek recovery of the judgment against the assets of the elected official. If the court determines that the elected official’s assets are insufficient to satisfy the total judgment, including plaintiff’s costs as provided by law, the court shall determine the amount of the deficiency and the plaintiff may seek to collect that remainder of the judgment from the public entity. The public entity may pay that deficiency if the public entity is otherwise authorized by law to pay that judgment.

(d) To the extent the public entity pays any portion of the judgment against the elected official pursuant to subdivision (c) or has expended defense costs in an action in which the trier of fact determines the elected official’s action did not arise from and did not directly relate to his or her performance of official duties, the public entity shall pursue all available creditor’s remedies against the elected official in indemnification, including garnishment, until the elected official has fully reimbursed the public entity.

(e) If the public entity elects to appeal the judgment in an action brought pursuant to this section, the entity shall continue to provide a defense for the official until the case is finally adjudicated, as provided by law.

(f) It is the intent of the Legislature that elected officials assume full fiscal responsibility for their conduct which constitutes an intentional tort not directly related to their official duties committed for which the public entity they represent may also be liable, while maintaining fair compensation for those persons injured by such conduct.

(g) This section shall not apply to a criminal or civil enforcement action brought on behalf of the state by an elected district attorney, city attorney, or Attorney General.

(h) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

history: (History: Added by Stats. 1994, Ch. 796, Sec. 1. Effective January 1, 1995.)

title: 1. GENERAL

article: 2. Liability of Public Entities


text: A public entity is liable for injury proximately caused by a tortious act or omission of an independent contractor of the public entity to the same extent that the public entity would be subject to such liability if it were a private person. Nothing in this section subjects a public entity to liability for the act or omission of an independent contractor if the public entity would not have been liable for the injury had the act or omission been that of an employee of the public entity.

title: 1. GENERAL

article: 2. Liability of Public Entities


text: Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.

title: 1. GENERAL

article: 2. Liability of Public Entities


citation: GOV § 816

text:
A public entity is not liable for injury arising out of any activity conducted by a member of the California National Guard pursuant to Section 316, 502, 503, 504, or 505 of Title 32 of the United States Code and compensated pursuant to the Federal Tort Claims Act.

It is the intent of the Legislature, in enacting this section, to conform state law regarding liability for activities of the National Guard to federal law as expressed in Public Law 97-124.

history: (History: Added by Stats. 1982, Ch. 616, Sec. 1.)

title: 1. GENERAL

article: 2. Liability of Public Entities


citation: GOV § 818

text: Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.

title: 1. GENERAL

article: 2. Liability of Public Entities


text: A public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law.

title: 1. GENERAL

article: 2. Liability of Public Entities


text: A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or an employee of the public entity is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended or revoked.

title: 1. GENERAL

article: 2. Liability of Public Entities


text: The Department of Motor Vehicles is liable for any injury to a lienholder or good faith purchaser of a vehicle proximately caused by the department’s negligent omission of the lienholder’s name from an ownership certificate issued by the department. The liability of the department under this section shall not exceed the actual cash value of the vehicle.

history: (History: Added by Stats. 1985, Ch. 437, Sec. 2.)

title: 1. GENERAL

article: 2. Liability of Public Entities


text: A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than its property (as defined in subdivision (c) of Section 830), for the purpose of determining whether the property complies with or violates any enactment or contains or constitutes a hazard to health or safety.

title: 1. GENERAL

article: 2. Liability of Public Entities


text: No board, commission, or any public officer or employee of the state or of any district, county, city and county, or city is liable for any damage or injury to any person resulting from the publication of any reports, records, prints, or photographs of or concerning any person convicted of violation of any law relating to the use, sale, or possession of controlled substances, when such publication is to school authorities for use in instruction on the subject of controlled substances or to any person when used for the purpose of general education. However, the name of any person concerning whom any such reports, records, prints, or photographs are used shall be kept confidential and every reasonable effort shall be made to maintain as confidential any information which may tend to identify such person.

history: (History: Amended by Stats. 1984, Ch. 1635, Sec. 40.)

title: 1. GENERAL

article: 2. Liability of Public Entities


text: A public entity is not liable for an injury caused by misrepresentation by an employee of the public entity, whether or not such misrepresentation be negligent or intentional.

title: 1. GENERAL

article: 2. Liability of Public Entities


text: A court or county, its employees, independent contractors, and volunteers shall not be liable because of any advice provided to small claims court litigants or potential litigants as a public service on behalf of the court or county pursuant to the Small Claims Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the Code of Civil Procedure).

history: (History: Amended by Stats. 2002, Ch. 806, Sec. 24. Effective January 1, 2003.)

title: 1. GENERAL

article: 2. Liability of Public Entities


citation: GOV § 820

text:
(a) Except as otherwise provided by statute (including Section 820.2), a public employee is liable for injury caused by his act or omission to the same extent as a private person.

(b) The liability of a public employee established by this part (commencing with Section 814) is subject to any defenses that would be available to the public employee if he were a private person.

title: 1. GENERAL

article: 3. Liability of Public Employees

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 1. General Provisions Relating to Liability > 3. Liability of Public Employees


text: Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for false arrest or false imprisonment.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that he would have been liable had the enactment been constitutional, valid and applicable.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.

title: 1. GENERAL

article: 3. Liability of Public Employees


text:
Members of city councils, mayors, members of boards of supervisors, members of school boards, members of governing boards of other local public entities, members of locally appointed boards and commissions, and members of locally appointed or elected advisory bodies are not vicariously liable for injuries caused by the act or omission of the public entity or advisory body. Nothing in this section exonerates an official from liability for injury caused by that individual’s own wrongful conduct. Nothing in this section affects the immunity of any other public official.

This section shall become operative January 1, 2000.

history: (History: Repealed (in Sec. 1) and added by Stats. 1997, Ch. 132, Sec. 2. Effective January 1, 1998. Section operative January 1, 2000, by its own provisions.)

title: 1. GENERAL

article: 3. Liability of Public Employees


text:
(a) Notwithstanding any other provision of the law, the civil immunity of juvenile court social workers, child protection workers, and other public employees authorized to initiate or conduct investigations or proceedings pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code shall not extend to any of the following, if committed with malice:

(1) Perjury.

(2) Fabrication of evidence.

(3) Failure to disclose known exculpatory evidence.

(4) Obtaining testimony by duress, as defined in Section 1569 of the Civil Code, fraud, as defined in either Section 1572 or Section 1573 of the Civil Code, or undue influence, as defined in Section 1575 of the Civil Code.

(b) As used in this section, “malice” means conduct that is intended by the person described in subdivision (a) to cause injury to the plaintiff or despicable conduct that is carried on by the person described in subdivision (a) with a willful and conscious disregard of the rights or safety of others.

history: (History: Added by Stats. 1995, Ch. 977, Sec. 1. Effective January 1, 1996.)

title: 1. GENERAL

article: 3. Liability of Public Employees


text:
(a) For purposes of Section 820.2, the decision of a peace officer, as defined in Sections 830.1 and 830.2 of the Penal Code, or a state or local law enforcement official, to render assistance to a motorist who has not been involved in an accident or to leave the scene after rendering assistance, upon learning of a reasonably apparent emergency requiring his immediate attention elsewhere or upon instructions from a superior to assume duties elsewhere, shall be deemed an exercise of discretion.

(b) The provision in subdivision (a) shall not apply if the act or omission occurred pursuant to the performance of a ministerial duty. For purposes of this section, “ministerial duty” is defined as a plain and mandatory duty involving the execution of a set task and to be performed without the exercise of discretion.

history: (History: Added by Stats. 1979, Ch. 806.)

title: 1. GENERAL

article: 3. Liability of Public Employees


citation: GOV § 821

text: A public employee is not liable for an injury caused by his adoption of or failure to adopt an enactment or by his failure to enforce an enactment.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where he is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended or revoked.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than the property (as defined in subdivision (c) of Section 830) of the public entity employing the public employee, for the purpose of determining whether the property complies with or violates any enactment or contains or constitutes a hazard to health or safety.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public entity or a public employee acting within the scope of his employment is not liable for failing to prohibit or restrict the time that cargo tank vehicles required to display flammable liquid placards may travel through a tunnel.

history: (History: Added by Stats. 1982, Ch. 1255, Sec. 1.)

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public employee is not liable for an injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this section exonerates a public employee from liability for an injury proximately caused by his own negligent or wrongful act or omission.

title: 1. GENERAL

article: 3. Liability of Public Employees


citation: GOV § 822

text: A public employee is not liable for money stolen from his official custody. Nothing in this section exonerates a public employee from liability if the loss was sustained as a result of his own negligent or wrongful act or omission.

title: 1. GENERAL

article: 3. Liability of Public Employees


text: A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional, unless he is guilty of actual fraud, corruption or actual malice.

title: 1. GENERAL

article: 3. Liability of Public Employees


citation: GOV § 823

text: Neither the widow, widower, nor the heirs of a peace officer, as defined in Sections 830.1, 830.2, and 830.32 of the Penal Code, shall be liable individually for any injury or death that may result from an act or omission of a peace officer that occurs in his or her line of duty, including an act or omission not directly related to the officer’s death, if the officer was slain while in the line of duty. Nothing in this section shall preclude any action from being brought against the estate of the peace officer.

history: (History: Added by Stats. 1998, Ch. 559, Sec. 2. Effective January 1, 1999.)

title: 1. GENERAL

article: 3. Liability of Public Employees


citation: GOV § 825

text:
(a) Except as otherwise provided in this section, if an employee or former employee of a public entity requests the public entity to defend him or her against any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the public entity and the request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action, the public entity shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the public entity has agreed.

If the public entity conducts the defense of an employee or former employee against any claim or action with his or her reasonable good-faith cooperation, the public entity shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the public entity has agreed. However, where the public entity conducted the defense pursuant to an agreement with the employee or former employee reserving the rights of the public entity not to pay the judgment, compromise, or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the public entity is required to pay the judgment, compromise, or settlement only if it is established that the injury arose out of an act or omission occurring in the scope of his or her employment as an employee of the public entity.

Nothing in this section authorizes a public entity to pay that part of a claim or judgment that is for punitive or exemplary damages.

(b) Notwithstanding subdivision (a) or any other provision of law, a public entity is authorized to pay that part of a judgment that is for punitive or exemplary damages if the governing body of that public entity, acting in its sole discretion except in cases involving an entity of the state government, finds all of the following:

(1) The judgment is based on an act or omission of an employee or former employee acting within the course and scope of his or her employment as an employee of the public entity.

(2) At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the public entity.

(3) Payment of the claim or judgment would be in the best interests of the public entity.

As used in this subdivision with respect to an entity of state government, “a decision of the governing body” means the approval of the Legislature for payment of that part of a judgment that is for punitive damages or exemplary damages, upon recommendation of the appointing power of the employee or former employee, based upon the finding by the Legislature and the appointing authority of the existence of the three conditions for payment of a punitive or exemplary damages claim. The provisions of subdivision (a) of Section 965.6 shall apply to the payment of any claim pursuant to this subdivision.

The discovery of the assets of a public entity and the introduction of evidence of the assets of a public entity shall not be permitted in an action in which it is alleged that a public employee is liable for punitive or exemplary damages.

The possibility that a public entity may pay that part of a judgment that is for punitive damages shall not be disclosed in any trial in which it is alleged that a public employee is liable for punitive or exemplary damages, and that disclosure shall be grounds for a mistrial.

(c) Except as provided in subdivision (d), if the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

(d) The subject of payment of punitive damages pursuant to this section or any other provision of law shall not be a subject of meet and confer under the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, or pursuant to any other law or authority.

(e) Nothing in this section shall affect the provisions of Section 818 prohibiting the award of punitive damages against a public entity. This section shall not be construed as a waiver of a public entity’s immunity from liability for punitive damages under Section 1981, 1983, or 1985 of Title 42 of the United States Code.

(f) (1) Except as provided in paragraph (2), a public entity shall not pay a judgment, compromise, or settlement arising from a claim or action against an elected official, if the claim or action is based on conduct by the elected official by way of tortiously intervening or attempting to intervene in, or by way of tortiously influencing or attempting to influence the outcome of, any judicial action or proceeding for the benefit of a particular party by contacting the trial judge or any commissioner, court-appointed arbitrator, court-appointed mediator, or court-appointed special referee assigned to the matter, or the court clerk, bailiff, or marshal after an action has been filed, unless he or she was counsel of record acting lawfully within the scope of his or her employment on behalf of that party. Notwithstanding Section 825.6, if a public entity conducted the defense of an elected official against such a claim or action and the elected official is found liable by the trier of fact, the court shall order the elected official to pay to the public entity the cost of that defense.

(2) If an elected official is held liable for monetary damages in the action, the plaintiff shall first seek recovery of the judgment against the assets of the elected official. If the elected official’s assets are insufficient to satisfy the total judgment, as determined by the court, the public entity may pay the deficiency if the public entity is authorized by law to pay that judgment.

(3) To the extent the public entity pays any portion of the judgment or is entitled to reimbursement of defense costs pursuant to paragraph (1), the public entity shall pursue all available creditor’s remedies against the elected official, including garnishment, until that party has fully reimbursed the public entity.

(4) This subdivision shall not apply to any criminal or civil enforcement action brought in the name of the people of the State of California by an elected district attorney, city attorney, or attorney general.

history: (History: Amended by Stats. 1995, Ch. 799, Sec. 1. Effective January 1, 1996.)

title: 1. GENERAL

article: 4. Indemnification of Public Employees

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 1. General Provisions Relating to Liability > 4. Indemnification of Public Employees


text:
(a) Subject to subdivision (b), if an employee or former employee of a public entity pays any claim or judgment against him, or any portion thereof, that the public entity is required to pay under Section 825, he is entitled to recover the amount of such payment from the public entity.

(b) If the public entity did not conduct his defense against the action or claim, or if the public entity conducted such defense pursuant to an agreement with him reserving the rights of the public entity against him, an employee or former employee of a public entity may recover from the public entity under subdivision (a) only if he establishes that the act or omission upon which the claim or judgment is based occurred within the scope of his employment as an employee of the public entity and the public entity fails to establish that he acted or failed to act because of actual fraud, corruption or actual malice or that he willfully failed or refused to conduct the defense of the claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the public entity.

(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

history: (History: Amended by Stats. 1979, Ch. 1072.)

title: 1. GENERAL

article: 4. Indemnification of Public Employees


text: Except as provided in Section 825.6, if a public entity pays any claim or judgment against itself or against an employee or former employee of the public entity, or any portion thereof, for an injury arising out of an act or omission of the employee or former employee of the public entity, he is not liable to indemnify the public entity.

title: 1. GENERAL

article: 4. Indemnification of Public Employees


text:
(a) (1) Except as provided in subdivision (b), if a public entity pays any claim or judgment, or any portion thereof, either against itself or against an employee or former employee of the public entity, for an injury arising out of an act or omission of the employee or former employee of the public entity, the public entity may recover from the employee or former employee the amount of that payment if he or she acted or failed to act because of actual fraud, corruption, or actual malice, or willfully failed or refused to conduct the defense of the claim or action in good faith. Except as provided in paragraph (2) or (3), a public entity may not recover any payments made upon a judgment or claim against an employee or former employee if the public entity conducted his or her defense against the action or claim.

(2) If a public entity pays any claim or judgment, or any portion thereof, against an employee or former employee of the public entity for an injury arising out of his or her act or omission, and if the public entity conducted his or her defense against the claim or action pursuant to an agreement with him or her reserving the rights of the public entity against him or her, the public entity may recover the amount of the payment from him or her unless he or she establishes that the act or omission upon which the claim or judgment is based occurred within the scope of his or her employment as an employee of the public entity and the public entity fails to establish that he or she acted or failed to act because of actual fraud, corruption, or actual malice or that he or she willfully failed or refused to reasonably cooperate in good faith in the defense conducted by the public entity.

(3) If a public entity pays any claim or judgment, or any portion thereof, against an employee or former employee of the public entity for an injury arising out of his or her act or omission, and if the public entity conducted the defense against the claim or action in the absence of an agreement with him or her reserving the rights of the public entity against him or her, the public entity may recover the amount of that payment from him or her if he or she willfully failed or refused to reasonably cooperate in good faith in the defense conducted by the public entity.

(b) (1) Upon a felony conviction for a violation of Section 1195 of this code, or of Section 68, 86, 93, 165, 504, or 518 of the Penal Code, by an elected official or former elected official of a public entity for an act or omission of that person while in office, the elected official or former elected official shall forfeit any rights to defense or indemnification under Section 825 with respect to a claim for damages for an injury arising from that act or omission.

(2) If a public entity pays any claim or judgment, or any portion thereof, either against itself or against an elected official or former elected official of the public entity, for an injury arising out of an act or omission of the elected official or former elected official of the public entity, which act or omission constituted a felony violation of Section 1195 of this code, or of Section 68, 86, 93, 165, 504, or 518 of the Penal Code, the public entity shall recover from the elected official or former elected official the amount of that payment upon the felony conviction of the elected official or former elected official for that act or omission. Upon that conviction, the public entity shall also recover from the elected official the costs of any defense to a civil action filed against the elected official for that act or omission.

(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

history: (History: Amended by Stats. 1995, Ch. 91, Sec. 43. Effective January 1, 1996.)

title: 1. GENERAL

article: 4. Indemnification of Public Employees


citation: GOV § 827

text: A provider of health care, as defined in Section 56.05 of the Civil Code, its officers, employees, agents, and subcontractors, who are defended by the Attorney General pursuant to Section 12511.5, or other legal counsel provided by the state, shall be indemnified in accordance with Section 825, subject to the same conditions and limitations applicable to state employees, except that no provider of health care shall be indemnified in a civil rights action unless the health care provider maintains insurance for professional negligence. To the extent that negligence constitutes the basis of liability of the health care provider, the provider’s private insurance shall be the source of recovery.

history: (History: Added by Stats. 1995, Ch. 749, Sec. 3. Effective October 10, 1995.)

title: 1. GENERAL

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 1. General Provisions Relating to Liability > 5. Indemnification of Certain State Agents


citation: GOV § 830

text:
As used in this chapter:

(a) “Dangerous condition” means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.

(b) “Protect against” includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition.

(c) “Property of a public entity” and “public property” mean real or personal property owned or controlled by the public entity, but do not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity.

history: (History: Added by Stats. 1963, Ch. 1681.)

title: 1. GENERAL

article: 1. General

path: 1. GENERAL > 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES > 2. Dangerous Conditions of Public Property > 1. General


text: For purposes of this chapter, seismic safety improvements or fire sprinkler improvements which are owned, built, controlled, operated, and maintained by the private owner of the building in which they are installed are not public property or property of a public entity solely because the improvements were financed, in whole or in part, by means of the formation of a special assessment district.

history: (History: Added by Stats. 1990, Ch. 1318, Sec. 1.)

title: 1. GENERAL

chapter: 2. Dangerous Conditions of Public Property

article: 1. General


text: A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the evidence most favorably to the plaintiff, determines as a matter of law that the risk created by the condition was of such a minor, trivial or insignificant nature in view of the surrounding circumstances that no reasonable person would conclude that the condition created a substantial risk of injury when such property or adjacent property was used with due care in a manner in which it was reasonably foreseeable that it would be used.

title: 1. GENERAL

article: 1. General


text: A condition is not a dangerous condition within the meaning of this chapter merely because of the failure to provide regulatory traffic control signals, stop signs, yield right-of-way signs, or speed restriction signs, as described by the Vehicle Code, or distinctive roadway markings as described in Section 21460 of the Vehicle Code.

title: 1. GENERAL

article: 1. General


text:
(a) Except where the doctrine of res ipsa loquitur is applicable, the happening of the accident which results in the injury is not in and of itself evidence that public property was in a dangerous condition.

(b) The fact that action was taken after an injury occurred to protect against a condition of public property is not evidence that the public property was in a dangerous condition at the time of the injury.

title: 1. GENERAL

article: 1. General


text: Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved, if the trial or appellate court determines that there is any substantial evidence upon the basis of which (a) a reasonable public employee could have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor. Notwithstanding notice that constructed or improved public property may no longer be in conformity with a plan or design or a standard which reasonably could be approved by the legislative body or other body or employee, the immunity provided by this section shall continue for a reasonable period of time sufficient to permit the public entity to obtain funds for and carry out remedial work necessary to allow such public property to be in conformity with a plan or design approved by the legislative body of the public entity or other body or employee, or with a plan or design in conformity with a standard previously approved by such legislative body or other body or employee. In the event that the public entity is unable to remedy such public property because of practical impossibility or lack of sufficient funds, the immunity provided by this section shall remain so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of the condition not conforming to the approved plan or design or to the approved standard. However, where a person fails to heed such warning or occupies public property despite such warning, such failure or occupation shall not in itself constitute an assumption of the risk of the danger indicated by the warning.

history: (History: Amended by Stats. 1979, Ch. 481.)

title: 1. GENERAL

article: 1. General


text: Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking or device (other than one described in Section 830.4) was necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.

title: 1. GENERAL

article: 1. General


text: Neither a public entity nor a public employee is liable for an injury caused by the operation or nonoperation of official traffic control signals when controlled by an emergency vehicle in accordance with the provisions of subdivision (a) of Section 25258 of the Vehicle Code.

history: (History: Added by Stats. 1967, Ch. 1037.)

title: 1. GENERAL

article: 1. General


citation: GOV § 831

text: Neither a public entity nor a public employee is liable for an injury caused by the effect on the use of streets and highways of weather conditions as such. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such effect if it would not be reasonably apparent to, and would not be anticipated by, a person exercising due care. For the purpose of this section, the effect on the use of streets and highways of weather conditions includes the effect of fog, wind, rain, flood, ice or snow but does not include physical damage to or deterioration of streets and highways resulting from weather conditions.

title: 1. GENERAL

article: 1. General


text: Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach.

title: 1. GENERAL

article: 1. General


text: Neither a public entity nor a public employee is liable for any injury occurring on account of the grading or the performance of other maintenance or repair on or reconstruction or replacement of any road which has not officially been accepted as a part of the road system under the jurisdiction of the public entity if the grading, maintenance, repair, or reconstruction or replacement is performed with reasonable care and leaves the road in no more dangerous or unsafe condition than it was before the work commenced. No act of grading, maintenance, repair, or reconstruction or replacement within the meaning of this section shall be deemed to give rise to any duty of the public entity to continue any grading, maintenance, repair, or reconstruction or replacement on any road not a part of the road system under the public entity’s jurisdiction. As used in this section “reconstruction or replacement” means reconstruction or replacement performed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 of the Streets and Highways Code.

history: (History: Amended by Stats. 1986, Ch. 578, Sec. 1. Effective August 26, 1986.)

title: 1. GENERAL

article: 1. General


text:
A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of:

(a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways.

(b) Any trail used for the above purposes.

(c) Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety. Warnings required by this subdivision shall only be required where pathways are paved, and such requirement shall not be construed to be a standard of care for any unpaved pathways or roads.

history: (History: Amended by Stats. 1979, Ch. 1010.)

title: 1. GENERAL

article: 1. General


text:
(a) The Legislature declares that innovative public access programs, such as agreements with public land trusts, can provide effective and responsible alternatives to costly public acquisition programs. The Legislature therefore declares that it is beneficial to the people of this state to encourage private nonprofit entities such as public land trusts to carry out programs that preserve open space or increase opportunities for the public to enjoy access to and use of natural resources if the programs are consistent (1) with public safety, (2) with the protection of the resources, and (3) with public and private rights.

(b) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, “public entity” includes a public land trust which meets all of the following conditions:

(1) It is a nonprofit organization existing under the provisions of Section 501(c) of the United States Internal Revenue Code.

(2) It has specifically set forth in its articles of incorporation, as among its principal charitable purposes, the conservation of land for public access, agricultural, scientific, historical, educational, recreational, scenic, or open-space opportunities.

(3) It has entered into an agreement with the State Coastal Conservancy for lands located within the coastal zone, as defined in Section 31006 of the Public Resources Code, with the California Tahoe Conservancy or its designee for lands located within the Lake Tahoe region, as defined in subdivision (c) of Section 66953 of the Government Code, or with the State Public Works Board or its designee for lands not located within the coastal zone or the Lake Tahoe region, on such terms and conditions as are mutually agreeable, requiring the public land trust to hold the lands or, where appropriate, to provide nondiscriminatory public access consistent with the protection and conservation of either coastal or other natural resources, or both. The conservancy or the board, as appropriate, shall periodically review the agreement and determine whether the public land trust is in compliance with the terms and conditions. In the event the conservancy or the board determines that the public land trust is not in substantial compliance with the agreement, the conservancy or the board shall cancel the agreement, and the provisions of Sections 831.2, 831.25, 831.4, and 831.7 shall no longer apply with regard to that public land trust.

(c) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, “public employee” includes an officer, authorized agent, or employee of any public land trust which is a public entity.

history: (History: Amended by Stats. 1990, Ch. 934, Sec. 2.)

title: 1. GENERAL

article: 1. General


text:
Neither the State nor an employee of the State is liable under this chapter for any injury caused by a condition of the unimproved and unoccupied portions of:

(a) The ungranted tidelands and submerged lands, and the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits, owned by the State.

(b) The unsold portions of the 16th and 36th sections of school lands, the unsold portions of the 500,000 acres granted to the State for school purposes, and the unsold portions of the listed lands selected of the United States in lieu of the 16th and 36th sections and losses to the school grant.

title: 1. GENERAL

article: 1. General


text:
(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.

(b) As used in this section, “hazardous recreational activity” means a recreational activity conducted on property of a public entity that creates a substantial, as distinguished from a minor, trivial, or insignificant, risk of injury to a participant or a spectator.

“Hazardous recreational activity” also means:

(1) Water contact activities, except diving, in places where, or at a time when, lifeguards are not provided and reasonable warning thereof has been given, or the injured party should reasonably have known that there was no lifeguard provided at the time.

(2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given.

(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, bicycle motocross, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, self-contained underwater breathing apparatus (SCUBA) diving, spelunking, skydiving, sport parachuting, paragliding, body contact sports, surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this subdivision, “mountain bicycling” does not include riding a bicycle on paved pathways, roadways, or sidewalks. For the purpose of this paragraph, “body contact sports” means sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants.

(c) (1) Notwithstanding subdivision (a), this section does not limit liability that would otherwise exist for any of the following:

(A) Failure of the public entity or employee to guard or warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose.

(B) Damage or injury suffered in any case where permission to participate in the hazardous recreational activity was granted for a specific fee. For the purpose of this subparagraph, “specific fee” does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose.

(C) Injury suffered to the extent proximately caused by the negligent failure of the public entity or public employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose.

(D) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this subparagraph, promotional literature or a public announcement or advertisement that merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion.

(E) An act of gross negligence by a public entity or a public employee that is the proximate cause of the injury.

(2) Nothing in this subdivision creates a duty of care or basis of liability for personal injury or damage to personal property.

(d) Nothing in this section limits the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization.

history: (History: Amended by Stats. 2014, Ch. 913, Sec. 17. (AB 2747) Effective January 1, 2015.)

title: 1. GENERAL

article: 1. General


text:
(a) A public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park.

(b) This section shall not be construed to affect the liability of a public entity that exists under the law.

(c) “Public entity” has the same meaning as Section 811.2, and includes, but is not limited to, cities, counties, cities and counties, and special districts.

history: (History: Added by Stats. 2013, Ch. 74, Sec. 1. (AB 265) Effective January 1, 2014.)

title: 1. GENERAL

article: 1. General


text:
(a) Subject to subdivisions (d) and (e), neither a public entity nor a public employee is liable under this chapter for an injury caused by the condition of a reservoir if at the time of the injury the person injured was using the property for any purpose other than that for which the public entity intended or permitted the property to be used.

(b) Subject to subdivisions (d) and (e), neither an irrigation district nor an employee thereof nor the state nor a state employee is liable under this chapter for an injury caused by the condition of canals, conduits, or drains used for the distribution of water if at the time of the injury the person injured was using the property for any purpose other than that for which the district or state intended it to be used.

(c) Subject to subdivisions (d) and (e), neither a public agency operating flood control and water conservation facilities nor its employees are liable under this chapter for an injury caused by the condition or use of unlined flood control channels or adjacent groundwater recharge spreading grounds if, at the time of the injury, the person injured was using the property for any purpose other than that for which the public entity intended it to be used, and, if all of the following conditions are met:

(1) The public agency operates and maintains dams, pipes, channels, and appurtenant facilities to provide flood control protection and water conservation for a county whose population exceeds nine million residents.

(2) The public agency operates facilities to recharge a groundwater basin system which is the primary water supply for more than one million residents.

(3) The groundwater supply is dependent on imported water recharge which must be conducted in accordance with court-imposed basin management restrictions.

(4) The basin recharge activities allow the conservation and storage of both local and imported water supplies when these waters are available.

(5) The public agency posts conspicuous signs warning of any increase in waterflow levels of an unlined flood control channel or any spreading ground receiving water.

(d) Nothing in this section exonerates a public entity or a public employee from liability for injury proximately caused by a dangerous condition of property if all of the following occur:

(1) The injured person was not guilty of a criminal offense under Article 1 (commencing with Section 552) of Chapter 12 of Title 13 of Part 1 of the Penal Code in entering on or using the property.

(2) The condition created a substantial and unreasonable risk of death or serious bodily harm when the property or adjacent property was used with due care in a manner in which it was reasonably foreseeable that it would be used.

(3) The dangerous character of the condition was not reasonably apparent to, and would not have been anticipated by, a mature, reasonable person using the property with due care.

(4) The public entity or the public employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to protect against the condition.

(e) Nothing in this section exonerates a public entity or a public employee from liability for injury proximately caused by a dangerous condition of property if all of the following occur:

(1) The person injured was less than 12 years of age.

(2) The dangerous condition created a substantial and unreasonable risk of death or serious bodily harm to children under 12 years of age using the property or adjacent property with due care in a manner in which it was reasonably foreseeable that it would be used.

(3) The person injured, because of his or her immaturity, did not discover the condition or did not appreciate its dangerous character.

(4) The public entity or the public employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to protect against the condition.

(f) Nothing in subdivision (c) exonerates a public agency or public employee subject to that subdivision from liability for injury proximately caused by a dangerous condition of public property if all of the following occur:

(1) The person injured was 16 years of age or younger.

(2) The dangerous condition created a substantial and unreasonable risk of death or serious bodily harm to children 16 years of age or younger using the property or adjacent property with due care in a manner in which it was reasonably foreseeable that it would be used.

(3) The person injured did not discover the condition or did not appreciate its dangerous character because of his or her immaturity.

(4) The public entity or public employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to protect against the condition.

history: (History: Amended by Stats. 2012, Ch. 110, Sec. 1. (AB 1558) Effective January 1, 2013.)

title: 1. GENERAL

article: 1. General


text:
(a) Public beaches shall be deemed to be in a natural condition and unimproved notwithstanding the provision or absence of public safety services such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach cleanup services, or signs. The provisions of this section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this division.

(b) This section shall only be applicable to causes of action based upon acts or omissions occurring on or after January 1, 1988.

history: (History: Added by Stats. 1987, Ch. 1209, Sec. 1.)

title: 1. GENERAL

article: 1. General