California Highway Patrol v. Superior Court

Opinion

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 for driving with a suspended license in violation of Vehicle Code section 14601.1.

We conclude that section 14602.6,…