Cal. Codes » Government Code / TITLE 1. GENERAL / DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES / PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES / CHAPTER 1. General Provisions Relating to Liability / ARTICLE 2. Liability of Public Entities
California Codes

Cal. Government Code § 815.2 (2026)

✓ current as of May 2026
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(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.

Notes of Decisions
Cited in 489 cases (191 in the last 5 years), 1964–2026 · leading case: Catsouras v. Dep't of California High. Patrol, 38 Media L. Rep. (BNA) 1708 (Cal. Ct. App. 2010).
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Catsouras v. Dep't of California High. Patrol, 38 Media L. Rep. (BNA) 1708 (Cal. Ct. App. 2010). · cites it 8× “8) (O'Donnell and Reich); and (8) vicarious liability of public entity (Gov. Code, § 815.2, subd. (a)) (CHP). The CHP filed a demurrer as to the first and sixth causes of action.”
Lawson v. Superior Court, 180 Cal. App. 4th 1372 (Cal. Ct. App. 2010). · cites it 6× “First, Government Code section 815.2 provides that “[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…”
Nozzi v. Hous. Auth., 806 F.3d 1178 (9th Cir. 2015). · cites it 5× “6, which governs liability for public entities that breach mandatory duties, and (3) constituted negligence pursuant to California Government Code § 815.2. Plaintiff Michael Nozzi, a Section 8 beneficiary since December 2003, is totally and permanently disabled under Social…”
Santiago Rivera v. Cnty. of Los Angeles, 745 F.3d 384 (9th Cir. 2014). · cites it 4× “Cal. Gov. Code § 815.2 (a). To the extent their incarceration on “a facially valid warrant” rather than detention of a mentally incapacitated person in the absence of probable cause).”
Villarreal v. Cnty. of Monterey, 254 F. Supp. 3d 1168 (N.D. Cal. 2017). · cites it 6× “” California Government Code § 845.6; see also California Government Code § 815.”
AE Ex Rel. Hernandez v. Cnty. of Tulare, 666 F.3d 631 (9th Cir. 2012). · cites it 2× “6; and (2) derivative liability for the negligent acts or omissions of County employees, pursuant to California Government Code § 815.2. The district court dismissed both the direct and derivative liability claims against the County with prejudice and without leave to amend.”
Zelig v. Cnty. of Los Angeles, 45 P.3d 1171 (Cal. 2002). · cites it 2× “(a)) and that, when the act or omission of the public employee occurs in the scope of employment the public entity will be vicariously liable for the injury (Gov. Code, § 815.2), the Act contains no provision similarly providing that a public entity generally is hable for its…”
Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). · cites it 7× “In support, Plaintiff cites California Government Code Section 815.2 5 .”
Thomas Brewster v. Shasta Cnty., a Pub. Entity Brad McDannold an Individual D. Compomizzo, an Individual, 275 F.3d 803 (9th Cir. 2001). · cites it 4× “at 562 (citing Cal. Gov.Code § 815.2). This “crucial factor” weighed “heavily” toward our conclusion that the sheriff functioned for the county, rather than the state, when managing the local jails.”
Megargee v. Wittman, 550 F. Supp. 2d 1190 (E.D. Cal. 2008). · cites it 6× “” Pointing to California Government Code section 815.2(b), the County and Sheriff Wittman note that a public entity is not liable for injury resulting form its employee’s wrong “where the employee is immune from liability.”
Thomas Goldstein v. City of Long Beach, 715 F.3d 750 (9th Cir. 2013). · cites it 4× “Cal. Gov. Code §§ 815.2 , 825. The county’s obligation to defend and indemnify the district attorney in an action for damages is a “crucial factor [that] weighs heavily[.”
Wells v. One2One Learning Found., 141 P.3d 225 (Cal. 2006). · cites it 2× “[38] The charter school defendants suggest alternatively that, as "public entities" for purposes of the TCA, they enjoy, pursuant to that statute, immunity from CFCA liability.”
Show all 489 citing cases →
— Cal. Government Code § 815.2(a) — 67 cases
AE Ex Rel. Hernandez v. Cnty. of Tulare, 666 F.3d 631 (9th Cir. 2012). “6; and (2) derivative liability for the negligent acts or omissions of County employees, pursuant to California Government Code § 815.2. The district court dismissed both the direct and derivative liability claims against the County with prejudice and without leave to amend.”
Santiago Rivera v. Cnty. of Los Angeles, 745 F.3d 384 (9th Cir. 2014). “Cal. Gov. Code § 815.2 (a). To the extent their incarceration on “a facially valid warrant” rather than detention of a mentally incapacitated person in the absence of probable cause).”
Walsh v. Tehachapi Unified Sch. Dist., 827 F. Supp. 2d 1107 (E.D. Cal. 2011).
S.T. v. City of Ceres, 327 F. Supp. 3d 1261 (E.D. Cal. 2018).
Lapachet v. Cal. Forensic Med. Grp., Inc., 313 F. Supp. 3d 1183 (E.D. Cal. 2018).
— Cal. Government Code § 815.2(a)(City) — 1 case
Olfati v. City of Sacramento (E.D. Cal. 2024).
— Cal. Government Code § 815.2(b) — 24 cases
Liberal v. Estrada, 632 F.3d 1064 (9th Cir. 2011).
Santiago Rivera v. Cnty. of Los Angeles, 745 F.3d 384 (9th Cir. 2014). “Cal. Gov. Code § 815.2 (a). To the extent their incarceration on “a facially valid warrant” rather than detention of a mentally incapacitated person in the absence of probable cause).”
Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). “In support, Plaintiff cites California Government Code Section 815.2 5 .”
Inman v. Anderson, 294 F. Supp. 3d 907 (N.D. Cal. 2018).
Megargee v. Wittman, 550 F. Supp. 2d 1190 (E.D. Cal. 2008). “” Pointing to California Government Code section 815.2(b), the County and Sheriff Wittman note that a public entity is not liable for injury resulting form its employee’s wrong “where the employee is immune from liability.”
— Cal. Government Code § 815.2(d) — 1 case
Cole v. Town of Los Gatos, 205 Cal. App. 4th 749 (Cal. Ct. App. 2012).
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