-- Eastburn v. Regional Fire Protection Agency (2003) 31 Cal.4th 1175

Facts: Minor child and her parents sued public entities that provided 911 emergency dispatch services, alleging that minor suffered injuries based on failure to provide prompt emergency response to 911 call.

Analysis: California Tort Claims Act immunizes public entities from liability for injuries except as specifically provided for by statute. The court found no statute that imposes direct liability on municipalities for injuries caused by delay in responding to 911 calls.

The Plaintiff relied on the Court's 2002 opinion in Ma v. City and County of San Francisco, (2002) 95 Cal. App. 4th 488, to say that California Civil Code § 1714, which imposes a general duty of care on all persons, could be a basis for liability against public agency defendants.

Holding: The court disapproved of Ma's holding and held that absent bad faith or gross negligence, municipalities are immune from direct or vicarious liability arising from 911 emergency dispatching.