California Court of Appeal

In a government law action, arising after the L.A. County Sheriff's Office provided a defense for three sheriff's deputies under a reservation of rights then refused to pay the resulting judgment for battery and civil rights violations, on the grounds that the employees acted with actual malice and needn't be indemnified, the trial court's grant of summary judgment to the employees is reversed where: 1) the indemnification provision of Government Code section 825.2 applies to a public entity employer who provides a defense under a reservation of rights that includes a reservation of the right not to indemnify for acts committed with actual malice; and 2) an employer's reservation of the right to indemnity from an employee for such acts is necessarily a reservation of the right not to indemnify the employee for such acts.

Appellate Information

• Published 2016/07/01

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel