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 § 818.8 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 51 cases (13 in the last 5 years), 1966–2025 · leading case: Johnson v. State of California, 447 P.2d 352 (Cal. 1968).
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Johnson v. State of California, 447 P.2d 352 (Cal. 1968). · cites it 4× “Finally, we shall point out that the employee's failure to warn the Johnsons does not constitute a "misrepresentation" supporting immunity (Gov. Code, § 818.8). Since none of the proffered theories of immunity can stand, the granting of summary judgment to the state must be…”
Aubry v. Tri-City Hosp. Dist., 831 P.2d 317 (Cal. 1992). · cites it 2× “6 does not provide a cause of action for either the shortfall in wages or the penalties, we need not consider whether the DLSE's action was barred in large part by the statute of limitations, which formed an alternate basis for the Court of Appeal's decision and for the trial…”
City of Costa Mesa v. D'Alessio Investments, 214 Cal. App. 4th 358 (Cal. Ct. App. 2013). · cites it 2× “” (Gov. Code, § 818.8.) “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.”
Masters v. San Bernardino Cnty. Employees Ret. Ass'n, 95 Cal. Daily Op. Serv. 937 (Cal. Ct. App. 1995). · cites it 3× “Government Code section 818.8 provides that “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.”
Garcia v. Superior Court, 789 P.2d 960 (Cal. 1990). · cites it 2× “) For the superior court's guidance, we note that the statutory immunity from liability for misrepresentations (Gov. Code, §§ 818.8 and 822.2) does not apply to negligent misrepresentations involving a risk of physical harm.”
Los Angeles Unified Sch. Dist. v. Great Am. Ins., 234 P.3d 490 (Cal. 2010). · cites it 2× “[3] Government Code section 818.8, part of California's Government Claims Act (Gov.”
Bryan v. City of Carlsbad, 297 F. Supp. 3d 1107 (S.D. Cal. 2018). “Defendants also correctly point out that Cal. Govt. Code § 818.8 prevents the City from being liable for injuries caused by any of Rudinger's alleged misstatements.”
Bastian v. Cnty. of San Luis Obispo, 199 Cal. App. 3d 520 (Cal. Ct. App. 1988). · cites it 2× “The court found that Government Code sections 818.8 and 822.2 immunized Hall and the County from liability.”
EH Morrill Co. v. State of California, 423 P.2d 551 (Cal. 1967). · cites it 2× “Government Code, section 818.8 reads: "A public entity is not liable for an injury caused by misrepresentation by an employee .”
Connelly v. State of California, 3 Cal. App. 3d 744 (Cal. Ct. App. 1970). · cites it 2× “s; (b) estimates of future conditions of weather or water are not the representations of past or present facts which are actionable, and if they are held actionable because of respondent's superior knowledge or opportunity to deduce the future condition, still no cause of action…”
Janis v. California State Lottery Comm'n, 98 Cal. Daily Op. Serv. 9202 (Cal. Ct. App. 1998). “Government Code section 815, provides in pertinent part: “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.”
Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). “(b) Cal. Gov.Code § 818.8 immunizes public entities from liability caused by intentional or negligent misrepresentations on the part of their employees, including breaches by the employee.”
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