Judge Cherol J. Nellon, Case Number: 24STCV06848, Date: 2025-03-25 Tentative Ruling

This is an action for wrongful denial of claim, conversion, embezzlement, intentional misrepresentation, negligent misrepresentation, negligence, and trespass to chattels. Plaintiff is a clinic which had been paying taxes to the City of Los Angeles, believing itself to be in the City of Los Angeles. Once it discovered it was located in Miramonte and had never been obliged to pay taxes to the City of Los Angeles, Plaintiff demanded that the taxes be returned.

On March 19, 2024, Plaintiff Florence Medical Center, Inc. filed its Complaint against Defendant the City of Los Angeles.

On February 3, 2025, Defendant filed its motion for judgment on the pleadings.

Defendant moves for judgment on the pleadings as to all causes of action except the first cause of action.

Defendant’s motion for judgment on the pleadings is GRANTED with leave to amend. Plaintiff has 20 days from the date of this order to file a First Amended Complaint.

Defendant moves for judgment on the pleadings on the grounds that it is immune from the causes of action for fraud and the remaining tort causes of action under the Government Claims Act.

Causes of action for misrepresentation

Defendant moves for judgment on the pleadings as to the causes of action for intentional and negligent misrepresentation on the grounds that it is immune from liability for misrepresentation.

Government Code section 818.8 provides that “[a] public entity is not liable for an injury caused by misrepresentation by an employee of the public entity, whether or not such misrepresentation be negligent or intentional.” (Govt. Code, section 818.8.) Section 818.8 provides absolute immunity to the public entity. (See Universal By-Products, Inc. v. City of Modesto (1974) 43 Cal.App.3d 145, 153-54.)¿¿

Here, the Complaint alleges that Defendant misrepresented that Plaintiff was required to pay fines and fees to Defendant. (Compl., ¶¶37, 42.) The Court agrees that Defendant is immune from liability for misrepresentation under Gov. Code, section 818.8. Therefore, Defendant’s motion for judgment on the pleadings is GRANTED for the fourth and fifth causes of action for negligent and intentional misrepresentation.

Defendant moves for judgment on the pleadings as to the second, third, sixth, and seventh causes of action for conversion, embezzlement, negligence, and trespass to chattels on the grounds that under Gov. Code, section 815, there can be no direct tort liability against a public entity unless otherwise provided by statute.

California Government Code, section 815 provides that “[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” except as provided by statute. (Govt. Code § 815(a); see Hoff v. Vacaville Unified School Dist. (1998) 19 Cal.4th 925, 932.) Government Code section 815.2 provides that a public entity is vicariously liable for the torts of their employees committed within the scope of employment if the employee is liable. (See Govt. Code § 815.2(a); Chambi v. Regents of Univ. of Cal. (2002) 95 Cal.App.4th 822, 827; Hoff, supra, 19 Cal.4th at 932.)

Here, the Complaint alleges Defendant is directly liable for each tort. There are no allegations that Defendant is vicariously liable for any tortious conducts of its employees. Therefore, the causes of action are barred by Gov. Code, section 815. The motion for judgment on the pleadings is GRANTED.

Plaintiff did not oppose this motion and therefore failed to address leave to amend. However, the Court will grant leave to amend in an abundance of caution.

Defendant’s motion for judgment on the pleadings is GRANTED with leave to amend. Plaintiff has 20 days from the date of this order to file a First Amended Complaint.