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Bonds v. California11/24/1982
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE
Civ. No. 62385
1982.CA.40135 ; 138 Cal. App. 3d 314; 187 Cal. Rptr. 792
November 24, 1982
DAVID SMITH BONDS, CROSS-COMPLAINANT AND APPELLANT,
v.
THE STATE OF CALIFORNIA EX REL. CALIFORNIA HIGHWAY PATROL, CROSS-DEFENDANT AND RESPONDENT
Superior Court of Los Angeles County, No. NWC74414, Robert H. London, Judge.
Brown, Vars & Malone and Ronald Tracy Malone for Cross-complainant and Appellant.
George Deukmejian, Attorney General, Michael Franchetti, Chief Deputy Attorney General, Willard A. Shank, Chief Assistant Attorney General, Marvin Goldsmith, Assistant Attorney General, Robert H. Francis and Elizabeth A. Koen, Deputy Attorneys General, for Cross-defendant and Respondent.
Opinion by Klein, P. J., with Lui and Danielson, JJ., concurring.
Klein
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 highway. The impact of the collision caused the motorhome to strike the Ford Mustang and two explosions resulted in serious injuries and death to two passengers in the motorhome.
The underlying action commenced when Old Republic Insurance Company filed a complaint in interpleader seeking to deposit the proceeds of its liability insurance policy on the U-Haul truck with the court so that the various claims to the proceeds could be settled. Bonds was named as a plaintiff therein.
The defendants, parents of the decedents, filed a cross-complaint for wrongful death against all named plaintiffs including Bonds. Bonds answered denying any negligence. Subsequently, he filed a cross-complaint for indemnity, contribution and declaratory relief against the State, acting by and through the CHP, and others not involved in this appeal.
The State demurred on the grounds that the complaint failed to state a cause of action. The trial court sustained the demurrer without leave to amend. Bonds appeals.
Contentions
Bonds contends that his first amended complaint states a cause of action in that the CHP was negligent in failing to remove the Ford Mustang from the highway where it allegedly had been left for some 24 hours or to warn others on the highway. He furt
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