Aloy v. Mash

In Aloy v. Mash (1985) 38 Cal.3d 413, the California Supreme Court reversed a grant of summary judgment based on defendant's failure to establish the second prong of the judgmental immunity test, holding, "Defendant, by contrast, relied on a single case . . . for the proposition that a nonmatured military pension was not subject to division on dissolution. . . . In sum, this is not a case where the defendant attorney, basing his judgment on all available data, made a rational professional judgment not to claim an interest in the husband's pension. Rather, he acted--more precisely, failed to act--on an incomplete reading of a single case, without appreciating the vital difference between a member of the armed forces who has not yet served long enough to be eligible to retire and one who has but chooses to stay in the service. . . . In sum, the record on which the motion for summary judgment was argued presented a triable issue of negligence." (Id. at pp. 418-419.)