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Dawes v. Superior Court of Orange County

10/9/1980

l as Mardian. An employer may be held liable for punitive damages on account of the conduct of a managerial employee acting within the scope of the employment. (Egan v. Mutual


of Omaha Ins. Co. (1979) 24 Cal. 3d 809 [157 Cal. Rptr. 482, 598 P.2d 452]; Merlo v. Standard Life & Acc. Ins. Co. (1976) 59 Cal. App. 3d 5, 18 [130 Cal. Rptr. 416]; Hale v. Farmers Ins. Exch. (1974) 42 Cal. App. 3d 681, 690-691 [117 Cal. Rptr. 146].)


Let a peremptory writ of mandate issue to the Orange County Superior Court commanding it to vacate its order striking the allegations of the fifth count of the first amended complaint except for the allegations contained in paragraph IV of that count. The alternative writ heretofore issued is discharged.


Disposition


Let a peremptory writ of mandate issue to the Orange County Superior Court commanding it to vacate its order striking the allegations of the fifth count of the first amended complaint except for the allegations contained in paragraph IV of that count. The alternative writ heretofore issued is discharged.






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