In Ramirez v. City of Gardena, the Supreme Court today makes it easier for a public entity to assert an immunity adopted by the Legislature for damages caused by police chases. The immunity applies for an entity with a vehicle-pursuit policy that includes a requirement for all of the entity’s peace officers to “certify in writing that they have received, read, and understand the policy.” The court’s unanimous opinion by Justice Ming Chin concludes that, although the policy “must require the written certification, . . . 100 percent compliance with that requirement is not a prerequisite to receiving the immunity.” Requiring proof of full compliance, the court says, “would impose a heavy burden on public agencies, especially large ones.”
The court does not decide “when a lack of compliance with the certification requirement or meaningful implementation of the pursuit policy indicates that an agency is not satisfying the statute’s requirements.”
Resolving a conflict in the case law, the court affirms the Second District, Division One, Court of Appeal, and it disapproves a 2016 opinion by the Fourth District, Division One.