In Levin v. State of California (1983) 146 Cal.App.3d 410, the plaintiff veered off a state highway, down a steep embankment and drowned. The design of the road disregarded Caltrans's (California's Department of Transportation) guardrail standards. The trial court granted summary judgment in favor of the state on the ground of design immunity. The Court of Appeal reversed, concluding the state had not satisfied the discretionary approval element. The court stated there was no evidence the official who had the authority to approve the design had the authority to disregard the guardrail standards. (Id. at p. 418.) Nor was there evidence the official decided to ignore the standards or considered the consequences of the elimination of an eight-foot shoulder. (Ibid.) The court said that "an actual informed exercise of discretion is required," and "the defense does not exist to immunize decisions that have not been made." (Ibid.)