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CITY OF SAN JOSE v. SUPERIOR COURT

Docket No. A029899.

166 Cal.App.3d 695 (1985)

212 Cal. Rptr. 661

CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; LORRAINE MARTINEZ et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

April 10, 1985.

Attorney(s) appearing for the Case

COUNSEL

Ronald M. Whyte and Hoge, Fenton, Jones & Appel for Petitioners.

No appearance for Respondent.

Gregg L. Kays, Popelka, Allard, McCowan, Jones & Howard, Lee Edward Poel and Poel & Kavalaris for Real Parties in Interest.

OPINION

SCOTT, J.

Petitioners, the City of San Jose and two police officers, are defendants in a personal injury and wrongful death action brought by plaintiffs Lorraine and William Martinez. Petitioners seek a peremptory writ of mandate directing the trial court to vacate its order denying their motion for judgment on the pleadings and to issue an order granting that motion. Petitioners contend they were immune from liability for...

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