Foremost Dairies, Inc. v. State of California

Appellants Foremost Dairies, Inc., and Charles Bosman appeal from a summary judgment granted to respondent State of California (State) in appellants’ action against the State for indemnity. Appellants were sued by third-party plaintiffs for personal injuries resulting when appellants’ truck rear-ended plaintiffs’ vehicle on a state highway obscured by smoke from a nearby fire. 1 Appellants cross-complained against the State for indemnity on the theory that a California Highway Patrol officer (CHP) at the scene either failed to warn or negligently acted in warning them of a dangerous condition. 2 We affirm.

The rules for review of summary judgments are well established and need not be recited. (See, e.g., Corwin v. Los Angeles Newspaper Service Bureau, *364 Inc. (1971) 4 Cal.3d 842, 851-852 [ 94 Cal.Rptr. 785 , 484 P.2d 953 ]; 6 Witkin, Cal. Procedure (3d ed. 1985) Proceedings Without Trial, § 274 et seq.). “The motion [for summary judgment] shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).)

The material…