McKenna v. San Miguel Consolidated Fire Protection Dist.
Theresa McKenna appeals from a judgment dismissing her complaint for negligence and intentional interference with prospective economic advantage against the San Miguel Consolidated Fire Protection District (District) after the trial court sustained the District's demurrer to the complaint without leave to amend. McKenna contends the trial court erroneously found her complaint failed to state claims for direct and vicarious liability based on the unlawful manner in which the District processed her fire protection plan (fire plan). She alternatively contends the trial court should have granted her leave to amend her complaint to state a cause of action.
We agree with the District that the trial court correctly ruled the codes, regulations, and ordinances McKenna relied on did not provide any basis for direct liability because they created no mandatory duty owed to her. We further agree with the District that the trial court correctly ruled the District did not have direct or vicarious liability because the District and its employees are immune from liability for discretionary acts, including decisions in a permitting or approval process. The District is also immune from liability for any misrepresentations its employees may have made in processing the fire plan. As McKenna has not shown she can successfully amend her complaint, we conclude the trial court did not err in denying her leave to do so. Accordingly, we affirm the judgment.[1]
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