State of Cal. ex rel. CHP v. Super. Ct.

Summary

The court held that the statutory scheme governing California’s Freeway Service Patrol is incompatible with treating CHP as a special employer of privately employed tow-truck drivers based solely on the roles assigned by those statutes. The statutes do not, however, categorically prevent CHP from becoming a special employer if it assumes additional responsibilities under an agreement or through its conduct. The court therefore reversed the Court of Appeal and remanded for a factual determination of whether CHP incurred liability in this case.