California Highway Patrol v. Superior Court

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, subdivision (a)(1) (hereafter, section 14602.6(a)(1)) provides only discretionary authority to impound and therefore the CHP cannot be held liable here under Government Code section 815.6 for failing to perform a mandatory duty. Accordingly, we issue a peremptory writ of mandate directing the trial court to reverse its order denying summary judgment and to enter judgment in favor of the CHP.

Background

On the morning of March 17, 2004, CHP Officers Machado and Lopez responded to a noninjury car accident involving Scott St. Pierre. St. Pierre appeared intoxicated and failed a series of field sobriety…