Kemmerer v. Fresno

In Kemmerer v. Fresno (1988) 200 Cal. App. 3d 1426, a public civil service employee sued his employer, the County of Fresno, and two of his superiors for damages in connection with disciplinary proceedings instituted against him. The trial court sustained the supervisors' general demurrer, and dismissed the complaint. The Court of Appeal affirmed the dismissal upon multiple theories, including the immunity afforded public employees pursuant to Government Code sections 821.6 and 820.2. Said the court: "Though these sections were not originally raised by the parties, governmental immunity is a jurisdictional question and may be raised on appeal even though not used as a basis for the general demurrer in the lower court. ( Buford v. State of California (1980) 104 Cal. App. 3d 811, 826, 164 Cal. Rptr. 264.)" ( Kemmerer v. County of Fresno, supra, 200 Cal. App. 3d at p. 1435.)