California Codes
Cal. Government Code § 810.2 (2026)
✓ current as of May 2026
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“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.
Notes of Decisions
Cited in 22
cases (6 in the last 5 years), 1970–2024 · leading case: Pitts v. Cnty. of Kern, 949 P.2d 920 (Cal. 1998).
Pitts v. Cnty. of Kern, 949 P.2d 920 (Cal. 1998). “" (Gov. Code, § 810.2.) "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.”
State ex rel. Dep't of the California High. Patrol v. Superior Court, 343 P.3d 415 (Cal. 2015). “” (Gov. Code, § 810.2.) The Legislature drafted this definition with care.”
Briggs v. Lawrence, 91 Cal. Daily Op. Serv. 3885 (Cal. Ct. App. 1991). “The Tort Claims Act expressly excludes independent contractors from its definition of an employee (Gov. Code, § 810.2) and thus of a public employee.”
Lawson v. Superior Court, 180 Cal. App. 4th 1372 (Cal. Ct. App. 2010). “Further, we note that under the Tort Claims Act an independent contractor is not an “employee” (Gov. Code, § 810.2) and thus, by extension, not a “public employee” for purposes of any immunity conferred on public employees under the statute (id.”
Parthemore v. Col, 221 Cal. App. 4th 1372 (Cal. Ct. App. 2013). “), which by definition excludes independent contractors from the definition of public employees to which the act applies (Gov. Code, §§ 810.2, 820), applies equally to the administrative grievance system that prisoners must exhaust as a prerequisite to trial court jurisdiction,…”
Frost v. Geernaert, 200 Cal. App. 3d 1104 (Cal. Ct. App. 1988). “, at § 2, p. 2334) to the Government Code. Section 27648 provides: “If, because of a declared conflict of interest, any judge, who is otherwise entitled to *1109 representation pursuant to Section 825, 995, or 27647, is required to retain his own counsel, such judge is entitled…”
Miller v. Filter, 2007 Cal. Daily Op. Serv. 5050 (Cal. Ct. App. 2007). “” (Gov. Code, § 810.2, italics added).) Defendant attorneys were not independent contractors with respect to the Sierra County District Attorney, who “retain[ed] charging, filing, and settling authority within each county.”
Galli v. State of California, 98 Cal. App. 3d 662 (Cal. Ct. App. 1979). “(Gov. Code, §§ 810.2, 810.4, 810.8, 811.2, 811.”
Rubino v. Lolli, 10 Cal. App. 3d 1059 (Cal. Ct. App. 1970). “(Gov. Code, §§ 810.2, 811.2, 811.4.) Under Government Code section 820.”
Sosa v. Hiraoka, 714 F. Supp. 1100 (E.D. Cal. 1988). “California Government Code §§ 810.2, 820.”
Foster v. Cnty. of San Luis Obispo, 93 Cal. Daily Op. Serv. 2219 (Cal. Ct. App. 1993). “(Gov. Code, § 810.2.) Hence, respondent’s status as a public entity does not affect Cunningham’s status as an independent contractor, and therefore does not diminish Merritt's relevance.”
Osborne v. Huntington Beach Union High Sch. Dist., 5 Cal. App. 3d 510 (Cal. Ct. App. 1970). “(Gov. Code, §§ 810.2, 815, 815.2) A public official or public employee is not liable for injury caused by an act which was the result of the exercise of discretion vested in him.”
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