(DOWNLOAD) "White V. Ultramar" by California Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: White V. Ultramar
- Author : California Supreme Court
- Release Date : January 23, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
We granted review to resolve a conflict in the Courts of Appeal over how to define the statutory term "managing agent" for determining corporate punitive damage liability under Civil Code section 3294, subdivision (b). *fn1 Some courts, including the Court of Appeal in this case, broadly define the term to include supervisory employees who have limited decisionmaking authority, but possess the ability to hire and fire company employees. (See, e.g., Stephens v. Coldwell Banker Commercial Group, Inc. (1988) 199 Cal.App.3d 1394, 1404 (Stephens).) Others limit the term's application to those employees who exercise substantial discretion in their decisionmaking so that their decisions ultimately determine corporate policy. (See, e.g., Kelly-Zurian v. Wohl Shoe Co. (1994) 22 Cal.App.4th 397, 421-422 (Kelly-Zurian).)