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BAYSIDE AUTO & TRUCK SALES, INC. v. DOT

Docket No. A059528.

21 Cal.App.4th 561 (1993)

26 Cal. Rptr.2d 109

BAYSIDE AUTO AND TRUCK SALES, INC., Plaintiff and Appellant, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

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

December 8, 1993.

Attorney(s) appearing for the Case

COUNSEL

Eisenberg, Axelrod & Highlander, Neil D. Eisenberg and Lynn L. Axelrod for Plaintiff and Appellant.

William M. McMillan, Daniel C. Murphy, Thomas Lacchia and Ronald W. Rogers for Defendant and Respondent.

OPINION

SMITH, Acting P.J.

Bayside Auto and Truck Sales, Inc. (Bayside) appeals from an order denying its petition for writ of mandate to compel the California Department of Transportation (Caltrans) to offer it for sale real property in San Francisco which it has leased from the state since 1973. The main contention here, as below, is that Caltrans had a mandatory duty to offer Bayside...

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