Supreme Court of California
Hampton v. County of San Diego, 213132
In an action against a county for maintaining an allegedly dangerous condition of public property, under Gov. Code sections 830 and 835, the court of appeals' judgment upholding the trial court's grant of summary judgment to county-defendant on the affirmative defense of design immunity, section 830.6, is affirmed where: 1) the discretionary approval element of section 830.6 does not implicate the question whether the employee who approved the plans was aware of design standards or was aware that the design deviated from those standards; 2) the issue of the adequacy of the deliberative process with respect to design standards may be considered in connection with the court's determination whether there is substantial evidence that the design was reasonable; and 3) the discretionary approval element does not require the entity to demonstrate in its prima facie case that the employee who had authority to and did approve the plans also had authority to disregard applicable standard.
- Published 2015/12/10
- Supreme Court of California