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BLAIR v. SUPERIOR COURT

Docket No. C007671.

218 Cal.App.3d 221 (1990)

267 Cal. Rptr. 13

CLAYTON EDWARD BLAIR, Petitioner, v. THE SUPERIOR COURT OF SHASTA COUNTY, Respondent; DEPARTMENT OF TRANSPORTATION, Real Party in Interest.

Court of Appeals of California, Third District.

January 30, 1990.

Attorney(s) appearing for the Case

COUNSEL

Barr, Newlan & Sinclair and John D. Barr for Petitioner.

No appearance for Respondent.

Joseph A. Montoya, Ronald I. Harrison, George L. Cory, Breland C. Gowan and Kathleen Duggan Calder for Real Party in Interest.

OPINION

BLEASE, Acting P.J.

Petitioner (plaintiff) commenced an action pursuant to the Tort Claims Act (Gov. Code, § 810 et seq.) to recover damages for injuries suffered in an automobile accident. Real party in interest (defendant) Department of Transportation moved to strike portions of plaintiff's first amended complaint on the ground the challenged allegations predicated liability on facts different from those set forth in...

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