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4418 REVIEW DENIED Although in apportioning fault under Proposition 51 (Civil Code section 1431.2), the trier of fact may allocate fault to an entity that is immune from paying for its tortious acts, it may not allocate fault to an entity that is not a tortfeasor; a determination that under the exigent circumstances the city that employed a police officer who shot plaintiff's decedent owed no duty eliminates it as a tortfeasor, so none of the fault for the shooting could properly be allocated to it.
MUNOZ v CITY (Police Shooting) 148 CA4 173 [See: CivC 1431.2; DaFonte v Up-Right 2 C4 593; Munoz v City of Union City 120 CA4 1077, T/AT 8/04]
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