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SULLIVAN v. STATE BD. OF CONTROL

Docket No. 24417.

176 Cal.App.3d 1059 (1985)

225 Cal. Rptr. 454

RODNEY D. SULLIVAN et al., Plaintiffs and Appellants, v. STATE BOARD OF CONTROL et al., Defendants and Respondents.

Court of Appeals of California, Third District.

October 8, 1985.

Attorney(s) appearing for the Case

COUNSEL

Maureen A. Grattan and Hession, Creedon, Hamlin, Kelly, Hanson & Brown for Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Robert L. Mukai, Deputy Attorney General, Dorothy L. Schechter and James L. McBride, County Counsel, and Dennis L. Slivinski, Assistant County Counsel, for Defendants and Respondents.

OPINION

PUGLIA, P.J.

In this appeal we determine that a writ of mandate (Code of Civ. Proc., § 1085) does not lie (1) to compel the California Highway Patrol (CHP) to refrain from ordering its officers to appear as witnesses in court absent service upon the officers of a lawful subpoena or (2) to compel the state or county government to compensate officers of the CHP for time spent on standby status as peace officer witnesses...

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