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STATE EX REL. DEPT. OF CALIFORNIA HIGHWAY PATROL v. SUPERIOR COURT OF ORANGE COUNTY

No. G047922.

220 Cal.App.4th 612 (2013)

163 Cal. Rptr. 3d 333

STATE OF CALIFORNIA ex rel. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MAYRA ANTONIA ALVARADO et al., Real Parties in Interest.

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

September 17, 2013.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Chief Assistant Attorney General, Alberto L. Gonzalez and Joel A. Davis , Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Allred, Maroko & Goldberg, Michael Maroko and John S. West for Real Parties in Interest.

OPINION

BEDSWORTH, J. —

INTRODUCTION

The Department of the California Highway Patrol (CHP) has petitioned for a writ of mandate to compel the trial court to grant a summary judgment motion made in a personal injury lawsuit involving the CHP's Freeway Service Patrol (FSP) program. Tow truck companies in this program contract with county transportation authorities to patrol urban freeways, helping out stranded motorists. The transportation...

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