ZAMUDIO v. STATE OF CALIFORNIA

Docket No. A078087.

62 Cal.App.4th 673 (1998)

JERRY ZAMUDIO et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

March 25, 1998.


Attorney(s) appearing for the Case

COUNSEL

Benjamin Sybesma, Carroll, Burdick & McDonough, Ronald Yank and Rosemary Springer for Plaintiffs and Appellants.

Daniel E. Lungren, Attorney General, Martin S. Milas, Assistant Attorney General, Marybelle D. Archibald and Alicia M.B. Fowler, Deputy Attorneys General, for Defendants and Respondents.


OPINION

REARDON, J.

Does the Tort Claims Act (Gov. Code,1 § 810 et seq.) obligate a public entity to defend an employee sued on account of an act or omission in the employee's capacity as a union representative? We conclude it does not when the alleged misconduct relates solely to the individual's union duties and does not implicate his or her employment...

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