Ramirez v. City of Gardena
Ramirez v. City of Gardena
Opinion
**1023 *997 Vehicle Code section 17004.7 ( section 17004.7 ) provides public agencies employing peace officers immunity from damages for collisions resulting from police chases if, but only if, the agency "adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits...." ( § 17004.7, subd. (b)(1).) Promulgation of the written policy must include "a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy." ( Id ., subd. (b)(2).)
We must decide whether a public agency may receive section 17004.7 's immunity only if every peace officer it employs has, in fact, provided the written certification. We conclude that the agency's policy must require the written certification, but 100 percent compliance with that requirement is not a prerequisite to receiving the immunity.
We affirm the judgment of the Court of Appeal, which reached a similar conclusion. (
Ramirez v. City of Gardena
(2017)
I. FACTUAL AND PROCEDURAL HISTORY
"Because neither party petitioned the Court of Appeal for a rehearing, we take the facts largely from that court's opinion." (
Richmond v. Shasta Community Services Dist.
(2004)
"Mark Gamar was a passenger in a pickup truck that was the subject of a pursuit by police officers employed by the City of Gardena (the City) on February 15, 2015. Gamar died from injuries he sustained when the truck spun into a streetlight pole after one of the officers [Officer Michael Nguyen] bumped the left rear of the truck with the right front of his vehicle to stop the truck using a maneuver called a 'Pursuit Intervention Technique'...." (
Ramirez
,
supra
, 14 Cal.App.5th at p. 814,
*998
"At the time of the incident, the City had a written policy on vehicle pursuits that was contained in a portion of the police manual." (
Ramirez
,
supra
, 14 Cal.App.5th at p. 815,
**1024
Plaintiff Irma Ramirez, Gamar's mother, filed a wrongful death suit against the City, claiming that Officer Nguyen acted negligently and committed battery. The City moved for summary judgment, in part on the ground that it was immune under section 17004.7. The trial court granted the motion on this ground. It "concluded that the 'City properly promulgated its pursuit policy in compliance with Vehicle Code [section] 17004.7 [, subd.](b) and provided regular and periodic training.' Based on the Saffell declaration, the court found that '[a]ll active duty police officers received the training on an annual basis or more frequently and were required to certify that he or she read, received, and understood the pursuit policy and training.' " (
Ramirez
,
supra
, 14 Cal.App.5th at p. 816,
Plaintiff appealed. As relevant here, and relying on
Morgan
,
supra
,
We granted plaintiff's petition for review limited to the following issue: Is the immunity provided by Vehicle Code section 17004.7 available to a public agency only if all peace officers of the agency certify in writing that they have received, read, and understand the agency's vehicle pursuit policy?
*999 II. DISCUSSION
"Except as otherwise provided by statute," a "public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person." ( Gov. Code, § 815, subd. (a).) Vehicle Code section 17001 creates a statutory exception to public entities' general tort immunity: "A public entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by an employee of the public entity acting within the scope of his employment." " Section 17004.7 in turn limits the liability that [Vehicle Code] section 17001 otherwise permits by affording immunity to public agencies that adopt and implement appropriate vehicle pursuit policies." (
Ramirez
,
supra
, 14 Cal.App.5th at p. 818,
Subdivision (b) of section 17004.7 provides: "(1) A public agency employing peace officers that adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits complying with subdivisions (c) and (d) [ 1 ] is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued in a motor vehicle by a peace officer employed by the public entity.
"(2) Promulgation of the written policy under paragraph (1) shall include, but is not limited to, a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy . The failure of an individual officer to sign a certification shall not be used **1025 to impose liability on an individual officer or a public entity." (Italics added.)
Section 17004.7 was amended in 2005 (effective July 1, 2007) to read as it does today in apparent reaction to the decision in
Nguyen v. City of Westminster
(2002)
The sole issue before us on review focuses on the language in section 17004.7 italicized in our quotation above: Promulgation of the policy must include "a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy." Does this mean it suffices if the policy contains the requirement? Or must the public entity prove not only that it has imposed the requirement, but also that all of the entity's peace officers complied with it?
The court in
Morgan
,
supra
,
The Court of Appeal here disagreed with
Morgan
,
supra
,
We agree with the Court of Appeal in this case. "Because the statutory language is generally the most reliable indicator of legislative intent, we first examine the words themselves, giving them their usual and ordinary meaning and construing them in context." (
Esberg v. Union Oil Co.
(2002)
*1001 The plain meaning of this language is that the policy must contain the requirement, not that every peace officer must meet the requirement.
If the Legislature had intended plaintiff's interpretation, it would have said so directly, as it easily could have done. As the Court of Appeal in this case noted, had it intended plaintiff's interpretation, the Legislature "could simply have said that promulgation 'means' written certification by all officers. ( § 17004.7, subd. (b)(2).) The Legislature used precisely that construction in section 17004.7, subdivision (d) in defining the training requirement, where it stated that ' "[r]egular and periodic training" under this section
means
annual training' that includes specified elements. (Italics added.)" (
Ramirez
,
supra
, 14 Cal.App.5th at pp. 822-823,
**1026
Even if the plain language were not so clear, the statute's purpose and public policy, which we may consider when a
*379
statute's language permits more than one reasonable interpretation (
Coalition of Concerned Communities, Inc. v. City of Los Angeles
(2004)
When it amended section 17004.7 in 2005, the Legislature sought to improve public safety by encouraging public entities to promulgate a pursuit policy and provide training pursuant to that policy, which, in turn, was designed to reduce the number of pursuits and the number and severity of collisions resulting from pursuits. (
Morgan
,
supra
, 246 Cal.App.4th at p. 157,
*1002
The Court of Appeal here found support for its interpretation in the second sentence of section 17004.7, subdivision (b)(2), which states: "The failure of an individual officer to sign a certification shall not be used to impose liability on an individual officer or a public entity." (See
Ramirez
,
supra
, 14 Cal.App.5th at p. 822,
Plaintiff argues that to obtain immunity under section 17004.7, an agency must, as she quotes the statute, " 'adopt and promulgate a written policy' based upon ' guidelines established pursuant to Penal Code section 13519.8 .' (See Veh. Code, § 17004.7 [, subds.] (b)(1) and (d)....)" She argues that the policy violated POST commission guidelines that contain the certification requirement. We need not consider the meaning of Penal Code section 13519.8, for plaintiff conflates two separate requirements. Section 17004.7, subdivision (d) 's reference to guidelines under Penal Code section 13519.8 concerns training , not the certification requirement. (See fn. 1, ante .) The training requirement is not at issue here.
Similarly, the
Morgan
court cited POST commission guidelines as supporting its interpretation. (
Morgan
,
supra
, 246 Cal.App.4th at pp. 153-154, 159,
For these reasons, we agree with the Court of Appeal that a public agency's pursuit policy must contain the written certification requirement, but the agency does not have to prove total compliance with that requirement as a condition of obtaining immunity under section 17004.7. A requirement may exist even if not every peace officer complies with it. Beyond that, we need 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. Those questions fall outside the scope of the issue presented for our review. (See ante , 236 Cal.Rptr.3d at pp. 376-377, 422 P.3d at p. 1023-1024 [stating issue].)
*1003 III. CONCLUSION
We affirm the judgment of the Court of Appeal. We also disapprove
Morgan v. Beaumont Police Dept.
,
supra
,
WE CONCUR:
CANTIL-SAKAUYE, C. J.
CORRIGAN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J.
LAVIN, J. *
Associate Justice of the Court of Appeal, Second Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Subdivision (c) of section 17004.7 contains detailed requirements that the policy must meet. Subdivision (d) of section 17004.7 defines " '[r]egular and periodic training' " as meaning "annual training that shall include, at a minimum, coverage of each of the subjects and elements set forth in subdivision (c) and that shall comply, at a minimum, with the training guidelines established pursuant to Section 13519.8 of the Penal Code."
Penal Code section 13519.8 provides that the "commission" shall implement training courses for handling high-speed vehicle pursuits. The "commission" referred to is the "Commission on Peace Officer Standards and Training" (POST commission). (Pen. Code, § 13500, subd. (a).)
Reference
- Full Case Name
- Irma RAMIREZ, Individually and as Personal Representative, Etc., Plaintiff and Appellant, v. CITY OF GARDENA, Defendant and Respondent.
- Cited By
- 17 cases
- Status
- Published