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McELROY v. STATE OF CALIFORNIA

No. G028063.

122 Cal.Rptr.2d 612 (2002)

100 Cal.App.4th 546

Michael McELROY et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al., Defendants and Respondents.

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

June 28, 2002.

Attorney(s) appearing for the Case

Law Offices of William T. Hays, Jr. and William T. Hays, Jr., Mission Viejo, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Pamela Smith Steward, Chief Assistant Attorney General, James Schiavenza, Assistant Attorney General, Richard Rojo and Daniel L. Helfat, Deputy Attorneys General, for Defendants and Respondents.

OPINION

RYLAARSDAM, Acting P.J.

Plaintiffs Michael McElroy and Gary Nelson, officers with the City of Orange Police Department (OPD), appeal from a summary judgment entered in favor of defendants the State of California and California Highway Patrol (CHP) officers Brent Pembleton and Aaron D'Aoust. The CHP officers collided with plaintiffs' unmarked police car after joining an ongoing pursuit in the City of Orange.

Prior to the accident, defendants...

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