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Case Name | Privette vs. Superior Court | |
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Date | 06/19/1993 | |
Note | Peculiar risk doctrine does not create exception to exclusive remedy of the Work Comp Act. | |
Citation | 5 Cal.4th 689 | |
WCC Citation | WCC 30711993 CA |
FRANKLIN PRIVETTE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; JESUS CONTRERAS, Real Party in Interest. (Superior Court of Santa Clara County, No. 701139, Read Ambler, Judge. )[FN 1] In support of his motion, Privette presented these undisputed facts: Privette, a school teacher, owned some rental properties, including the duplex where roofing employee Contreras was injured. (Johns-Manville Products Corp. v. Superior Court (1980) 27 Cal. 3d 465, 468 [165 Cal. Rptr. 858, 612 P. 2d 948, 9 A. L. R. 4th 758], citing § 3602. )Accordingly, the judgment of the Court of Appeal is reversed with directions to grant the petition for writ of mandate ordering respondent court to enter judgment for defendant.
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