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CALIFORNIA HIGHWAY PATROL v. SUPERIOR COURT

No. C055614.

76 Cal.Rptr.3d 578 (2008)

162 Cal.App.4th 1144

CALIFORNIA HIGHWAY PATROL et al., Petitioners, v. The SUPERIOR COURT of Sacramento County, Respondent; Carl Bryan Walker et al., Real Parties in Interest.

Court of Appeal of California, Third District.

May 9, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Thomas D. McCracken and Catherine Woodbridge Guess, Deputy Attorneys General, for Petitioners.

No appearance for Respondent.

The Law Office of Edward P. Dudensing, Sacramento, and Christopher S. Buckley, for Real Party in Interest Carl Bryan Walker.

Gerald D. Langle, Lincoln, for Real Party in Interest Amanda Walker.

No appearance for Real Party in Interest Scott St. Pierre.

DAVIS, J.

In this consolidated action for breach of mandatory duty involving wrongful death, defendant California Highway Patrol and two of its officers (collectively, the CHP) petition this court for a writ of mandate after the trial court denied their motion for summary judgment. The trial court found that the CHP had a mandatory duty under Vehicle Code section 14602.6, subdivision (a)(1), to impound an individual's vehicle for 30 days after arresting that individual...

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