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 § 822.2 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 27 cases (11 in the last 5 years), 1970–2026 · leading case: Masters v. San Bernardino Cnty. Employees Ret. Ass'n, 95 Cal. Daily Op. Serv. 937 (Cal. Ct. App. 1995).
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Masters v. San Bernardino Cnty. Employees Ret. Ass'n, 95 Cal. Daily Op. Serv. 937 (Cal. Ct. App. 1995). · cites it 4× “) Moreover, Government Code section 822.2 states: “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,…”
City of Costa Mesa v. D'Alessio Investments, 214 Cal. App. 4th 358 (Cal. Ct. App. 2013). “) “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.”
Curcini v. Cnty. of Alameda, 164 Cal. App. 4th 629 (Cal. Ct. App. 2008). “Pursuant to that section, “[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.”
Bastian v. Cnty. of San Luis Obispo, 199 Cal. App. 3d 520 (Cal. Ct. App. 1988). · cites it 2× “) Government Code section 822.2 is a counterpart to section 818.”
Schonfeld v. City of Vallejo, 50 Cal. App. 3d 401 (Cal. Ct. App. 1975). · cites it 2× “Government Code section 822.2 provides: “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…”
Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). “(d) Cal. Gov.Code § 822.2 provides that public employees are immune from liability from injuries caused by their intentional or negligent misrepresentations, absent actual fraud, corruption or actual malice.”
Gund v. Cnty. of Trinity, 234 Cal. Rptr. 3d 187 (Cal. Ct. App. 5th 2018). “We affirm the judgment. FACTS AND PROCEEDINGS The operative pleading is the first amended complaint, which asserted claims for vicarious liability for public employee's act or omission ( Gov.”
Toranto v. Jaffurs, 297 F. Supp. 3d 1073 (S.D. Cal. 2018). “Under California Government Code section 822.2, "[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,…”
Courtesy Ambulance Serv. v. Superior Court, 57 Cal. Comp. Cases 566 (Cal. Ct. App. 1992). “For example, Government Code section 822.2 immunizes the public employee from the consequences of negligent or intentional misrepresentation, unless fraudulent in intent; section 818.”
Fisher v. Pickens, 90 Cal. Daily Op. Serv. 8678 (Cal. Ct. App. 1990). “” 5 Government Code section 822.2 provides: “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…”
Adkins v. State of California, 96 Cal. Daily Op. Serv. 8596 (Cal. Ct. App. 1996). “” Government Code section 822.2 provides: “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…”
Kravitz v. State of California, 8 Cal. App. 3d 301 (Cal. Ct. App. 1970). “Likewise, Government Code sections 822.2 and 818.8 would be inapplicable, dealing as they do with either negligent or intentional misrepresentation.”
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