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California Court of Appeal

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Phillips v. TLC Plumbing, Inc., D053072

In an action for negligent hiring and retention, trial court's grant of defendant's motion for summary judgment is affirmed where defendant did not owe plaintiff a duty of care at the time of the tortious act and therefore cannot be held liable on a cause of action for negligent hiring and retention, as the tortious act by defendant's former employee occurred two years after the employment was terminated.

Appellate Information

  • Decided 04/03/2009
  • Published 04/03/2009


  • McDONALD, J.


  • California Court of Appeal


  • For Appellant:
  • Robert S. Kostrenich, Newport Beach, for Plaintiff and Appellant.

  • For Appellees:
  • Maxie, Rheinheimer, Stephens and Vrevich, Sean D. Stephens, San Diego, and Elizabeth I. Drake, for Defendants and Respondents.
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