Tentative ruling issued by Judge Keri Katz on Aug. 26, 2021 in San Diego County, CA - Case no: xxxxxCTL

Defendant City of San Diego's demurrer to complaint is SUSTAINED WITH LEAVE TO AMEND. The City demurrers to the sole cause of action for violation of California Civil Code § 3479 [Nuisance; what constitutes]. The first argument the City raises is that Plaintiff's complaint is barred by Government Code § 820.2 immunity. Pursuant to § 820.2 [Discretionary acts]:

Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused.

On the issue of discretionary acts, Taylor v. Buff (1985) 172 Cal.App.3d 384, explains, [t]he standard for determining whether an act by a public employee is discretionary or ministerial is set forth in Johnson v. State of California (1968) 69 Cal.2d 782 [73 Cal.Rptr. 240, 447 P.2d 352]. Immunity will be conferred with respect to a basic policy decision, or….....