HomeMy WebLinkAbout07 AMICUS BRIEF 10-07-02AGENDA REPORT
NO. 7
10-07-02
MEETING DATE:
TO:
FROM:
SUBJECT:
OCTOBER 7, 2002
455-05
R=5
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
JOINDER IN AMICUS BRIEF ON BEHALF OF THE REGIONAL FIRE
PROTECTION AUTHORITY IN EASTBURN v REGIONAL FIRE PROTECTION
AUTHORITY
SUMMARY:
Consideration of Joinder in Amicus Brief on behalf of the Regional Fire Protection
Authority in Eastburn v. Regional Fire Protection Authority.
RECOMMENDATION:
The California Supreme Court has granted review in this case after favorable trial court
and appellate court decisions in favor of the Authority. The plaintiffs had alleged that
the Authority and the City of Victorville were liable because the 911 dispatcher did not
send help earlier. The Legal Advocacy Committee of the League of California Cities
urges cities to join in the amicus brief.
FISCAL IMPACT:
The participation in the amicus brief is at no cost to the City as the Amicus writer has
volunteered his services
BACKGROUND:
The plaintiffs have sued the public entity dispatcher, the Regional Fire Protection
Authority and the City of Victorville for failing to send help earlier. They allege that the
911 dispatcher delayed in sending emergency services to the scene. Under state law,
all public entities must provide or participate in a 91t system. In the Eastburn case, the
appellate court held that the governmental immunities prohibit a public agency from
being held directly liable for employee negligence, including any alleged negligence
involving 911 dispatching services. In addition, arguably Health and Safety Code
Section 1799.107 (emergency rescue personnel providing emergency services) protects
911 operators and dispatchers from liability as well their public entity employers for
ordinary negligence. In a case decided by another California appellate court, Ma v. City
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TUSTIN AGENDA REPORT
OCTOBER 7, 2002
JOINDER IN AMICUS BRIEF
and County of San Francisco (2002) 95 Cai.App.4th (488), the Court found that the
plaintiffs could sue for alleged 911 dispatcher negligence. The
California Supreme Court has granted review in the Eastbum case to decide the split in
authority between Eastburn and Ma.
As summarized by the amicus brief writer, this case is of profound importance to public
entities:
"This case will affect the liability of all public entities that
provide or participate in 911 dispatch services. Under state
law, all public entities must provide or participate in 911
systems. An appellate decision for the plaintiffs would
therefore expose every city to suit by any citizen who
believes the response to its 911 call was not fast enough."
ATTACHMENTS:
None.
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