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 3. Liability of Public Employees
California Codes

Cal. Government Code § 820 (2026)

✓ current as of May 2026
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(a)Except as otherwise provided by statute (including Section 820.2), a public employee is liable for injury caused by his act or omission to the same extent as a private person.

(b)The liability of a public employee established by this part (commencing with Section 814) is subject to any defenses that would be available to the public employee if he were a private person.

Notes of Decisions
Cited in 109 cases (46 in the last 5 years), 1969–2026 · leading case: Adams v. City of Fremont, 80 Cal. Rptr. 2d 196 (Cal. Ct. App. 1999).
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Adams v. City of Fremont, 80 Cal. Rptr. 2d 196 (Cal. Ct. App. 1999). · cites it 6× “" (Gov.Code, § 820, subd. (a).) For the foregoing reasons, I respectfully dissent.”
Zelig v. Cnty. of Los Angeles, 45 P.3d 1171 (Cal. 2002). · cites it 2× “Although the Act provides that a public employee generally is liable for an injury caused by his or her act or omission “to the same extent as a private person” (Gov. Code, § 820, subd. (a)) and that, when the act or omission of the public employee occurs in the scope of…”
Catsouras v. Dep't of California High. Patrol, 38 Media L. Rep. (BNA) 1708 (Cal. Ct. App. 2010). · cites it 4× “on of section 1983 (all defendants); (2) negligence (O'Donnell and Reich); (3) negligent infliction of *866 emotional distress (O'Donnell and Reich); (4) intentional infliction of emotional distress (O'Donnell and Reich); (5) invasion of privacy (O'Donnell and Reich); (6)…”
The Regents of the Univ. of California v. Superior Court, 413 P.3d 656 (Cal. 2018). “) However, the Tort Claims Act provides that public employees are liable for their acts and omissions "to the same extent as a private person" ( Gov. Code, § 820, subd. (a) ), and public entity employers are vicariously liable for employees' negligent acts within the scope of…”
Lugtu v. California High. Patrol, 28 P.3d 249 (Cal. 2001). · cites it 2× “) In addition, the Tort Claims Act further 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 . . . have given rise to a cause of…”
B.H. v. Cnty. of San Bernardino, 361 P.3d 319 (Cal. 2015). · cites it 2× “‖ (Gov. Code, § 820, subd. (a).) However, as relevant here, ―a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused.”
Hoff v. Vacaville Unified Sch. Dist., 968 P.2d 522 (Cal. 1998). · cites it 2× “" (Gov.Code, § 820.) Common law principles may be relevant for the purposes of determining whether individual school teachers or administrators have acted negligently.”
Hayes v. Cnty. of San Diego, 305 P.3d 252 (Cal. 2013). “(Gov. Code, § 820.) Also, public entities are generally liable for injuries caused by the negligence of their employees acting in the scope of their employment.”
Doe v. Dep't of Child. & Fam. Servs., 250 Cal. Rptr. 3d 62 (Cal. Ct. App. 5th 2019). “" Thus, Arnold, a public employee, may be personally liable for negligence, a common law tort. Our conclusion that there was insufficient evidence of foreseeability applies equally to the negligence claim against Arnold as it does to Children's Institute.”
Quiroz v. Short, 85 F. Supp. 3d 1092 (N.D. Cal. 2015). · cites it 3× “On the other hand, California Govt. Code § 820 refers to the liability of public employees, and specifically provides, “a public employee is liable for injury caused by his act or omission to the same extent as a private person.”
Gates v. Superior Court, 95 Cal. Daily Op. Serv. 1146 (Cal. Ct. App. 1995). · cites it 2× “(Gov. Code, § 820.) "Thus, `the general rule is that an employee of a public entity is liable for his torts to the same extent as a private person [citation] and the public entity is vicariously liable for any injury which its employee causes [citation] to the same extent as a…”
Masters v. San Bernardino Cnty. Employees Ret. Ass'n, 95 Cal. Daily Op. Serv. 937 (Cal. Ct. App. 1995). · cites it 2× “Individual Employees Government Code section 820 provides that public employees are liable to the same extent as private persons for injuries caused by their acts or omissions, unless a statute otherwise provides for immunity.”
Show all 109 citing cases →
— Cal. Government Code § 820(a) — 14 cases
C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1123 (E.D. Cal. 2009).
Johnny X. Milton v. Louis S. Nelson, 527 F.2d 1158 (9th Cir. 1976).
Blanco v. Cnty. of Kings, 142 F. Supp. 3d 986 (E.D. Cal. 2015).
Van Ort v. Est. of Stanewich, 92 F.3d 831 (9th Cir. 1996).
(PC) Humes v. Lukenbill (E.D. Cal. 2021).
— Cal. Government Code § 820(b) — 1 case
Megargee v. Wittman, 550 F. Supp. 2d 1190 (E.D. Cal. 2008).
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