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City of Oceanside v. Superior Court of San Diego County6/6/2000
eption by eliminating the requirement that the injury result from subsequent independent acts of misconduct committed after the defendant becomes aware of the officer's presence." (Calatayud, supra, 18 Cal.4th at p. 1069, original italics.) By concluding that the section 1714.9(a)(1) exception was broader than the common law exception and then concluding that the section 1714.9(a)(1) exception did not apply to allow actions against fellow public safety officers for actions taken in the course of joint public safety operations, Calatayud implicitly held, or at least supports the conclusion, that if the section 1714.9(a)(1) statutory exception is inapplicable then the common law exception for independent acts is also inapplicable and does not allow a personal injury action by a public safety officer against a fellow public safety officer for actions taken in furtherance of a joint public safety operation.
D.
MacDonald cites Rose v. City of Los Angeles (1984) 159 Cal.App.3d 883 in support of her assertion that the common law independent acts exception to the firefighter's rule applies in this case. In Rose a San Fernando police officer was shot by a Los Angeles police officer in the course of a joint law enforcement operation to serve search warrants on a suspected narcotics dealer. (Id. at pp. 885-886.) The injured officer filed a personal injury action against the City of Los Angeles and its officer, and the trial court granted the defendants' summary judgment motion on the ground of the firefighter's rule. (Id. at p. 884.) However, the Court of Appeal concluded that the firefighter's rule did not apply because the actions by the Los Angeles police officer occurred after the San Fernando police officer was present at the scene and therefore the independent acts exception allowed the injured officer to sue the defendants. (Id. at pp. 886-889.) Rose noted that the reason for the injured officer's presence at the scene was the suspect's illegal conduct, not the other officer's act in directing him to the location near the suspect. (Id. at p. 889.) Accordingly, it reversed the summary judgment. (Ibid.)
Rose is factually similar to Calatayud and this case. All three cases involve joint operations during which a fellow public safety officer injures another public safety officer in the course of the joint operation. Rose appears closer to the facts of Calatayud because they both involved shots fired by a police officer during the course of a joint law enforcement operation. However, because of Calatayud's express holding regarding the section 1714.9(a)(1) exception and its reliance on public policy considerations underlying the firefighter's rule, we conclude Calatayud implicitly overruled the holding in Rose. To the extent Calatayud did not overrule Rose, we decline to follow it in the circumstances of this case. Rather, we conclude Calatayud's reasoning and the public policy considerations underlying the firefighter's rule compel the conclusion that the independent acts exception does not apply in the circumstances of this case.
E.
MacDonald asserts that Calatayud and the firefighter's rule should not be applied in this case because she did not receive the special benefits or compensation that firefighters and police officers receive when they are injured in the performance of their duties. She asserts she received only ordinary worker's compensation benefits. Although cases often cite the special benefits and compensation that firefighters and police officers receive as one reason underlying the firefighter's rule, no case has held that receipt of or eligibility for those benefits is a requirement for application of the firefighter's rule. On the contrary, cases
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