Barron v. Galvin CA2/2
Appellants Shelly and Vincent Barron (collectively, the Barrons) were involved in a car accident with Gerald Galvin, the police chief of the City of Mendota (City). Galvin, who was driving a city-owned unmarked police vehicle, was on his way home from a Fresno television station, where he gave an interview in his capacity as police chief. The Barrons filed negligence claims against Galvin and the City, but they failed to comply with the Government Claims Act, Government Code section 810 et seq. (the Act), before filing suit. The Barrons subsequently dismissed the City from the action and alleged Galvin was individually liable. Galvin moved for summary judgment on the ground he was acting within the course and scope of his employment when the accident occurred; therefore, the Barrons’ failure to comply with the Act barred their action. The trial court granted the motion and entered judgment in Galvin’s favor.
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