Roseville Community Hosp. v. State of California, 74 Cal. App. 3d 583 - Cal: Court of Appeals, 3rd Dist. 1977 - Google Scholar

Roseville Community Hosp. v. State of California, 74 Cal. App. 3d 583 - Cal: Court of Appeals, 3rd Dist. 1977 - Google Scholar: "Johnson v. State of California (1968) 69 Cal.2d 782, 793-794 [73 Cal. Rptr. 240, 447 P.2d 352], which confines discretionary immunity under section 820.2 to 'basic policy decisions' and withholds it from 'operational' decision-making. The Johnson decision equates discretionary, policy decision-making with planning activity in contrast to the 'operational' level of decision-making; a public employee consciously considers pros and cons in deciding what action to take, yet his action is not discretionary in the statutory sense when it is made at a low, ministerial rung of official action. (Id., at pp. 793-796.) Generally, immunity exists if the injury results from the officer's discretion to undertake an activity, liability if it results from his negligence in performing it after he has made the discretionary decision to do so. (McCorkle v. City of Los Angeles (1969) 70 Cal.2d 252, 261 [74 Cal. Rptr. 389, 449 P.2d 453]; Sava v. Fuller (1967) 249 Cal. App.2d 281, 290 [57 Cal. Rptr. 312], quoted with approval in Johnson v. State of California, supra, 69 Cal.2d at p. 796.)"