Bonds

Bonds v. State ex rel. California Highway Patrol

Good Law
138 Cal. App. 3d 314·187 Cal. Rptr. 792·1982 Cal. App. LEXIS 2237
Court of Appeal of CaliforniaNovember 24, 1982Civ. No. 62385California2,798 words

Opinion

Lead Opinion

Klein, J.

Cross-complainant and appellant David Smith Bonds (Bonds) appeals from a judgment of dismissal entered in favor of cross-defendant and respondent State of California (State) acting by and through the California Highway Patrol (CHP) as a result of a demurrer filed by the State to Bonds’ first amended cross-complaint for indemnity, equitable contribution and declaratory relief.

The State demurred on the grounds that the cross-complaint failed to state a cause of action. The State claimed that the CHP owed no duty to Bonds or alternatively, that the State and the CHP were immune under Government Code sections 815.2 and 820.2.

The demurrer was sustained without leave to amend and the judgment of dismissal followed.

We agree with the trial court that the cross-complaint fails to state a cause of action because the CHP owed Bonds no duty and therefore affirm the judgment.

Procedural and Factual Background

On February 24, 1979, Bonds was driving a rented U-Haul truck on Interstate 5 which collided with a Dodge motorhome parked on the side of the highway. The motorhome had parked, apparently to repair and/or remove a Ford Mustang, which was also parked on the side of the…

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