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Thorn v. City of Glendale9/6/1994
es based upon Gov. Code, § 818.6]; Harshbarger v. City of Colton (1988) 197 Cal. App. 3d 1335, 1345-1347, 243 Cal. Rptr. 463 [immunity for fraudulent building inspection extends to liability based upon negligent supervision.].)
In addition, of course, in view of the exceedingly high cost of modern litigation, from the point of view of a defendant public entity, merely being named in a tort suit places it in a lose/lose situation. Except in those most rare instances permitting the recovery of attorney fees, the more procedural stages through which it must pass prior to vindication, the greater will be its "victorious losses." This problem is particularly acute for today's financially stressed governmental bodies. Consequently, if the immunity granted them as respondeat superiors is to be forfeited whenever a plaintiff's counsel elects to add a second count founded on the same facts, but Conclusionally couched in terms of negligent supervision, even the limited protection they are now afforded will be essentially eviscerated.
The judgment is affirmed.
FUKUTO, J., and NOTT, J., Concurring.
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