Posey

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 leave to amend.

Pursuant to the court’s order sustaining the demurrer and allowing the State to recover all allowable costs, the State filed a memorandum of costs and disbursements. Thereafter, Posey filed a motion to tax costs which was granted. State appeals from the trial court’s order granting Posey’s motion to tax costs.

I

As we are reviewing a judgment entered pursuant to an order sustaining a demurrer, we accept the material facts as set forth in the complaint as true. (Schneider v. Union Oil Co. (1970) 6 Cal.App.3d 987, 990 [ 86 Cal.Rptr. 315 ].)

On December 7, 1979, at approximately…