Sullivan v. State Board of Control

Opinion

PUGLIA, P. J.

In this appeal we determine that a writ of mandate (Code of Civ. Proc., § 1085) does not lie (1) to compel the California Highway Patrol (CHP) to refrain from ordering its officers to appear as witnesses in court absent service upon the officers of a lawful subpoena or (2) to compel the state or county government to compensatexifficers of the CHP for time spent on standby status as peace officer witnesses. We conclude that plaintiffs, who are CHP officers, have adequate recourse in lieu of the extraordinary judicial remedy sought here through the collective bargaining…