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Miller v. Am. Greetings Corp., B187173 & B191349

In an action arising from a traffic accident in which respondeat superior principles were contested, summary judgment for tortfeasor's employer is affirmed where plaintiffs failed to offer any evidence which could convince a reasonable trier of fact that the tortfeasor caused the underlying accident in the course and scope of his employment. However, an award of attorney's fees for defendants is reversed as the district court abused its discretion in awarding fees when plaintiffs committed no wrong in refusing to admit certain discovery requests.

Appellate Information

  • Decided 04/07/2008
  • Published 04/07/2008


  • RUBIN, J.


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Maryann P. Gallagher and Maryann P. Gallagher, Los Angeles, for Plaintiffs and Appellants.

  • For Appellees:
  • Brown, Brown & Klass, Delos E. Brown, Agoura Hills, and John J. Stumreiter for Defendants and Respondents.
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