Kramer

Kramer v. Superior Court

Good Law
239 Cal. App. 2d 500·48 Cal. Rptr. 897
Court of Appeal of CaliforniaJanuary 20, 1966Civ. No. 23180California1,208 words

Opinion

Lead Opinion

Draper, J.

Petitioners are officers of the California Highway Patrol. They weighed trucks of real parties, in interest at an official weighing station and determined that each carried a load of logs in excess of the maximum permitted by law (Veh. Code, §§ 35551 et seq.). The truckers declined to reduce the loads to the legal maximum and the officers refused to permit them to return their vehicles to the state highway until the loads were reduced. The trucks remained in the parking area adjoining the weighing station for several days. Real parties filed an action against the patrolmen as individuals, seeking possession .of the vehicles and damages for conversion. They also resorted to the provisional remedy of claim and delivery (Code Civ. Proc., §§ 509, et seq.). Petitioners, of course, claimed neither title nor .right to possession of the vehicles, and they filed no undertaking. Accordingly, the sheriff seized the vehicles and 'returned them to real parties. The truckers pressed their claims Lor damages. Both sides sought summary judgment. The trial court granted real parties’ motion on the issue of "liability, but reserved the issue of damages for determination at a trial. Petitioners…

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