Posey v. State of California

Opinion

MERRILL, J.

Under the facts of this case we decide that the failure of California Highway Patrol (CHP) officers to stop and inspect or to stop and remove a vehicle parked alongside the traveled roadway does not create a basis for liability on the part of the CHP, and thereby the State of California (State), in that there is neither a mandatory duty nor a special relationship which obligates these officers to do the aforesaid acts.

Mary Ann Posey (Posey), appeals from the judgment of dismissal entered upon the trial court’s sustaining of a demurrer to the second amended complaint without…