State of California ex rel. Department of the California Highway Patrol v. the Superior Court of — Werdegar, J…

Summary

The concurrence agrees that the statutory scheme governing the freeway service patrol does not itself make the California Highway Patrol a special employer of participating tow truck drivers, but that the issue cannot be categorically resolved before plaintiffs have an opportunity to present evidence. It disagrees with the majority's inference that the Legislature intended those statutes to limit vicarious liability, reasoning that the Government Claims Act preserves ordinary respondeat superior principles unless another statute clearly provides otherwise. Justice Werdegar, concurring, would resolve the case on the statutory-role and procedural grounds without reaching legislative intent.