Ramirez v. City of GardenaAnnotate this Case
At issue was whether the immunity from damages for collisions resulting from police chases provided by Cal. Veh. Code 17004.7 is available to a public agency only if all peace officers of the agency certify in writing that they have received, read, and understood the agency’s vehicle policy.
The Supreme Court held that a public agency may receive immunity provided by section 17004.7 only if every peace officer the agency employs has provided written certification that the officer has received, read, and understood the agency’s written policy on vehicular pursuits. While the agency’s policy must require the written certification, the agency need not prove total compliance with that requirement as a prerequisite to receiving the immunity.
The Court of Appeal reached a similar conclusion, holding (1) it suffices if a public agency imposes the certification requirement, but the agency does not have to prove total compliance with the requirement; and (2) because the pursuit policy promulgated by the City in this case imposed such a requirement, summary judgment was correctly granted in the City’s favor.