You Can’t Sue City Hall Under The California Tort Claims Act.

Owners of property obtained approval to build a living facility for senior citizens. Neighbors were successful in having the planning commission’s approval of the project overturned by the city council. The property owners sued the city and the five city council members who voted to reject the project for nearly $2 million in compensatory damages plus punitive damages, because of the vote. The trial court sustained defendants’ demurrer without leave to amend. Citing the California Tort Claims Act [Government Code sections 820.2, 821, 821.2.], which confers immunity from tort liability on public employees when they make basic policy decisions, the appellate court affirmed.  Freeny v. City of Buenaventura (Cal. App. Second Dist., Div. 6; June 4, 2013) 216 Cal.App.4th 1333.