Sovereign immunity (also known as governmental immunity) in American law was derived from the British common law doctrine that the King could do no wrong—and thus could not be sued. Sovereign immunity varies from state to state, but typically applies to state governments as well as the federal government.

For example, sovereign immunity protects the state and its various provisions of state government—including agencies, boards, hospitals, and universities—from liability and from suit—unless the immunity has been waived. Similarly, sovereign immunity protects political subdivisions—including counties, cities, and school districts—from liability and from suit—unless the immunity has been waived.

Thus, sovereign immunity encompasses two principles: (1) immunity from suit and (2) immunity from liability. Immunity from suit bars a suit against the state or other governmental entity unless the Legislature expressly gives consent. Immunity from liability protects the state or other governmental entity from judgments even if the Legislature has expressly given consent to sue.

In some states, when a governmental entity contracts, it is liable on contracts made for its benefit as if it were a private person. Consequently, when a governmental entity contracts with private citizens it waives immunity from liability. But the governmental entity does not waive immunity from suit simply by contracting with a private person. Legislative consent to sue is still necessary.

But federal and state governments (generally the U.S. Congress and state legislatures) have the ability to waive their sovereign immunity. Waivers of sovereign immunity are usually included in state and federal statutes and interpreted and applied by state and federal courts in court opinions.

A party may establish legislative consent by referencing a statute or a resolution granting express legislative permission. Legislative consent to sue the state or other governmental entity must be expressed in clear and unambiguous language.

In California, sovereign immunity is a legal doctrine that prevents the state government, as well as its subdivisions such as counties, cities, and school districts, from being sued or held liable in certain instances unless this immunity has been explicitly waived. This immunity is twofold: it includes immunity from suit, meaning one cannot bring a lawsuit against the state without its consent, and immunity from liability, meaning the state cannot be held responsible for judgments even if consent to sue has been granted. However, when the state or its entities enter into contracts, they may be liable as if they were private parties, though this does not automatically waive their immunity from being sued. Legislative consent is required for a lawsuit to proceed against the state or its entities, and this consent must be clearly and unambiguously stated in a statute or resolution. Both federal and state governments, including the California legislature, have the power to waive sovereign immunity, and such waivers are typically found in statutes and interpreted by the courts.