
Update after the California Supreme Court granted plaintiff’s petition for review:
The California Supreme Court stated: “We agree with the Court of Appeal that the FSP statutes, as written, are incompatible with a special employment relationship between CHP and tow truck drivers. However, this conclusion does not foreclose the possibility that CHP might act as a special employer in particular circumstances. The statutes authorize CHP to perform certain functions, but do not bar it from taking on other responsibilities. Our resolution of the question of law presented here does not rule out CHP‘s liability on the facts, which is a question beyond the scope of our review. Therefore, we reverse the Court of Appeal‘s judgment.” (State ex rel. Dept. of California Highway Patrol v. Sup. Ct. (Mayra Alvarado) (Cal. Sup. Ct.; February 26, 2015) 60 Cal.4th 1002, [184 Cal.Rptr.3d 354, 343 P.3d 415].)