California Codes

Cal. Government Code § 895.2 (2026)

Tort Liability Under Agreements Between Public Entities

✓ current as of May 2026
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Whenever any public entities enter into an agreement, they are jointly and severally liable upon any liability which is imposed by any law other than this chapter upon any one of the entities or upon any entity created by the agreement for injury caused by a negligent or wrongful act or omission occurring in the performance of such agreement.

Notwithstanding any other law, if a judgment is recovered against a public entity for injury caused in the performance of an agreement, the time within which a claim for such injury may be presented or an action commenced against any other public entity that is subject to the liability determined by the judgment under the provisions of this section begins to run when the judgment is rendered.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1977–2025 · leading case: Boxall v. Sequoia Union High Sch. Dist., 464 F. Supp. 1104 (N.D. Cal. 1979).
Boxall v. Sequoia Union High Sch. Dist., 464 F. Supp. 1104 (N.D. Cal. 1979). “As plaintiffs point out, however, Cal. Government Code § 895.2 provides as follows: Whenever any public entities enter into an agreement, they are jointly and severally liable upon any liability which is imposed by any law other than this chapter upon any one of the entities .”
D.K. Ex Rel. G.M. v. Solano Cnty. Off. of Educ., 667 F. Supp. 2d 1184 (E.D. Cal. 2009). “TAC ¶¶ 15, 16, 18. By statute, the governing board of any school district is authorized to contract with a county office of education to provide special education services.”
Paterno v. State, 6 Cal. Rptr. 3d 854 (Cal. Ct. App. 2003). “(Gov. Code, § 895.2.) Nothing in the State’s relationship with the District gave the District the ability to change the levee, and the liability we find did not occur during the performance of an agreement inter sese.”
Ross v. Campbell Union Sch. Dist., 70 Cal. App. 3d 113 (Cal. Ct. App. 1977). · cites it 2× “(Gov. Code, § 895.2). “Agreement” as used in section 895.”
Doe v. Mount Pleasant Elementary Sch. Dist., 113 Cal. App. 5th 1208 (Cal. Ct. App. 2025). · cites it 2× “But the district’s burden in seeking summary judgment based on section 44808 12 To be sure, Government Code section 895.2 provides that contracting public entities will be jointly and severally liable “upon any liability which is imposed by any law other than this chapter upon…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.