Ladell Hulet Muhlestein appears before the California Supreme Court to argue a governmental immunity case.
On November 1, 2017, the California Supreme Court granted review to consider whether the immunity provided by Vehicle Code section 17004.7 to public agencies that adopt and promulgate vehicle pursuit policies is available to a public agency only if all peace officers of the agency certify in writing that they have received, read, and understand the agency's vehicle pursuit policy.
On June 6, 2018, Ms. Muhlestein argued on behalf of the City of Gardena that, properly interpreted, Vehicle Code section 17004.7 provides that in order to promulgate a pursuit policy, a public agency must institute “a requirement” that all its officers certify, but failure by an individual officer to comply with the agency’s certification requirement does not preclude agency immunity. She asserted that agency immunity rests upon agency compliance with the statute, not 100 percent officer compliance with the agency’s mandate. The Supreme Court has up to three months to issue its opinion.
Click here to access the oral argument webcast.