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3936 Under the Emergency Services Act, public entities are not liable on any claim based upon the performance of, or failure to perform, a discretionary function in an emergency, such as cutting a levy during a flood, regardless of whether the action taken was specified in a pre-existing disaster plan or whether it was taken within the territorial jurisdiction of the entity.CitationTHOUSAND TRAILS v CALIFORNIA RECLAMATION DISTRICT (Breached Levee) 124 CA4 450 [See: GovC 820.2, 8550 etseq; CA Const I, 19; Odello v County 63 CA4 778, T/AT 6/98; House v L A County 25 C2 384]
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