In Mendoza v. City of Los Angeles (1998) 66 Cal.App.4th 1333, an off-duty police officer shot and killed his fiance with his own gun during a domestic argument. The city was not held liable for the death. The appellate court held that his employment as a police officer was not a proximate cause of the death. He was off duty, the act was unrelated to his official duties, and even though his alcohol abuse was known to his employer, the City could not have foreseen that he would have shot his fiance. (Id. at p. 1342.)