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SPENCE v. STATE OF CALIFORNIA

Docket No. 25325.

198 Cal.App.2d 332 (1961)

18 Cal. Rptr. 302

CLYDE HAROLD SPENCE, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

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

December 21, 1961.

Attorney(s) appearing for the Case

A.J. O'Connor for Plaintiff and Appellant.

Parker, Stanbury, Reese & McGee and Daren T. Johnson for Defendants and Respondents.

BURKE, P.J.

Plaintiff brought an action in tort against the State of California, the California Highway Patrol, and M. Pat Martinez, wherein it was alleged that Martinez is a traffic officer of the highway patrol and that on August 30, 1958, Martinez negligently operated a state automobile resulting in a collision with and injury to plaintiff. The complaint alleged the filing of a claim against defendants as follows: "That pursuant to [§§ 801 and 802]

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