Tomorrow morning, the Supreme Court will file opinions in two cases argued on the October calendar.
Hampton v. County of San Diego raises this question: Does a public entity establish the second element of design immunity under Government Code section 830.6 — discretionary approval of design plans — as a matter of law by presenting evidence that its design plans were approved by an employee with the discretion to do so, even if the plaintiff presents evidence that the design at issue violated the public entity’s own standards?
In People v. Stevens, the court is expected to resolve a conflict in the Court of Appeal case law concerning whether an expert’s testimony in support of a defendant’s commitment under the Mentally Disordered Offender Act (Pen. Code § 2960 et seq.) that the defendant used force or violence in committing the commitment offense (Pen. Code § 2962, subd. (e)(2)(P)) and that he received treatment for at least 90 days in the year before being paroled (Pen. Code § 2962, subd. (c)) can be based entirely on hearsay.
The opinions can be viewed tomorrow starting at 10:00 a.m.
