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Appellant businessman challenged the order of the Superior Court of Solano County (California), which entered a judgment of nonsuit in appellant's fraud and misrepresentation action against respondent city manager, and dismissed his action for fraud, misrepresentation and breach of contract against respondent city pursuant to Cal. Gov't Code §§ 818.8, 822.2.

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Overview

Appellant businessman filed an action against respondents, city and city manager, for fraud, misrepresentation and breach of contract pursuant to the purchase of a leasehold interest in a marina. The lower court entered a judgment of nonsuit as to the causes against respondent city manager, and a judgment of dismissal as to all but one of the causes against respondent city. One cause of action remained pending against respondent city. Appellant challenged the judgments, and the court affirmed. The court held that pursuant to Cal. Gov't Code §§ 818.8, 822.2, respondents were entitled to governmental immunity unless any representations were made with actual fraud, corruption or malice. The court determined that appellant failed to produce any substantial evidence that any of respondents' representations were false or made with actual malice, and therefore, he did not overcome the statutory immunity. The court ruled that the first two causes of action against respondent city were properly severed so that a final judgment resulted, even though the independent fourth cause of action remained pending.

Outcome

The court affirmed the judgments of nonsuit and dismissal in favor of respondents, city and city manager, in appellant businessman's action for fraud, misrepresentation and breach of contract because appellant failed to prove that any misrepresentations were made with actual malice as was required by the statute to overcome respondents' governmental immunity.