Ford's instruction failed completely to take this major defect into account. 218, which criticized the use of the term "reckless" in defining malice and suggested that "conscious disregard" would be a more accurate expression of the required state of mind. Moreover, because Mrs. Gray survived for three days after the accident, her heirs are members of the first class. Fire totally gutted the vehicle. ), The related contention that the potential liability for punitive damages in other cases for the same design defect renders the imposition of such damages violative of Ford's due process rights also lacks merit. He was loved and cherished by many people including : his parents, Beatrice O. Grimshaw (Chaput) of Allentown and Henry J. Grimshaw, Sr.; his sons, Ian M. Grimshaw (Sara) of Charleston, SC and Justin M. Grimshaw (Julia) of Center Valley; his siblings, Henry "Bud" Grimshaw, Jr. (Donna) of Salisbury Township, Judy Grimes (Michael) of Florida, Donna Pfneisel (Frank) of Center Valley, Carol Hamory (Henry) of Salisbury Township and Pam Lewis of Northampton; his grandchildren, Justin Jr. and Evelyn; and the mother of his children Rose Grimshaw. As she approached the Route 30 off-ramp where traffic was congested, she moved from the outer fast lane to the middle lane of the freeway. A like argument was rejected in Li v. Yellow Cab Co., 13 Cal.3d 804, 119 Cal.Rptr. Grimshaw managed to survive but only through heroic medical measures. In his free time, he loved to ride his motorcycle and enjoyed watching Phildadelphia Sports with his friends and family. Fred passed away peacefully on August 11, 2019 at home with his family by his side, he was 71. Richard Grimshaw, 82, passed away on Sunday September 25, 2016 at Halifax Health Hospice in Port Orange. 693, 598 P.2d 854; Neal v. Farmers Ins. 338.). He was born in Worcester son of Ralph and Gladys (Perrin) Grimshaw and has lived here all his life. 116 Obituaries Search Grimshaw obituaries and condolences, hosted by Echovita.com. 125 recommended that "$100 million be spent"; it states that over the period 1973 to 1976 the cost estimates to meet the federal standards would be $100 million. He enjoyed his 25 year retirement by doing what he loved to do; golf, tennis and following Detroits sports teams. 26 Were it not for the long history of decisional law interpreting our wrongful death statute and the rule that the Legislature is presumed to be aware of judicial decisions interpreting a statute when it amends the statute, a persuasive argument might be made that Probate Code section 573 as adopted in 1961, when read in conjunction with Code of Civil Procedure section 377, was meant to allow punitive damages to be recovered in wrongful death actions; that in prohibiting recovery in wrongful death actions of damages which are "recoverable" in survival actions, the Legislature intended only to prevent "double recovery" of damages when two suits are filed involving the same death. 29 However, resolution of the equal protection issue presented in this case does not require us to determine whether a rational basis can be found to explain the anomaly. 181.) (Horn v. Atchison, T. & S.F. Ford's final contention is that the amount of punitive damages awarded, even as reduced by the trial court, was so excessive that a new trial on that issue must be granted. Ford argues that the Legislature was thinking in terms of traditional intentional torts, such as, libel, slander, assault and battery, malicious prosecution, trespass, etc., and could not have intended the statute to be applied to a products liability case arising out of a design defect in a mass produced automobile because neither strict products liability nor mass produced automobiles were known in 1872. 1961 Robert Reed (2017) 1961 Charles Williams (2018) 1962 Paula Carlson. The Ford Pinto is perhaps the most dangerous car ever created. Based on these estimates, it is recommended that the addition of the flak suit/bladder be delayed on all affected cars until 1976. Send Flowers. Any action brought by the personal representatives of the decedent pursuant to the provisions of Section 956 of the Civil Code may be joined with an action arising out of the same wrongful act or neglect brought pursuant to the provisions of this section. Transportation Co., 67 Cal.App.3d 600, 607, 136 Cal.Rptr. In any event, Ford maintains that the punitive damage award must be reversed because of erroneous instructions and excessiveness of the award. He was born in Bay Shore, Long Island, New York, to the late Richard and Gayle (Seidel) Grimshaw and was the husband of Robin R. (Smith) Grimshaw, with whom he shared 16 years of marriage. The Grays next maintain that the California rule barring punitive damages in a wrongful death case is predicated on an erroneous interpretation of the relevant statutes. Ford has filed a single appellant's opening brief on its appeal from the Grimshaw and Grays judgments and has advanced the same contentions for the reversal of both judgments except that Ford's contentions respecting punitive damages only pertain to the Grimshaw judgment. The crash tests revealed that the Pinto's fuel system as designed could not meet the 20-mile-per-hour proposed standard. 25 Defendants demurred on the ground the action was not brought by the real party in interest but the demurrer was overruled and the case went to trial resulting in a plaintiff's judgment. 97, 565 P.2d 122.). 864; Furtado v. Montecello Unified Sch. We address the Grays' various contentions in light of the foregoing legislative and decisional background. Exchange, 21 Cal.3d 910, 922, 148 Cal.Rptr. We have concluded: (1) The rationale of Klopstock v. Superior Court, 17 Cal.2d 13, 108 P.2d 906, cited in support of the first theory is inapplicable; (2) the California rule on punitive damages in wrongful death actions did not arise out of statutory misinterpretation; and (3) denying heirs the right to seek punitive damages in a wrongful death action where such right survived the decedent and could have been asserted by the personal representative of the decedent's estate under Probate Code section 573 does not offend the equal protection clauses of the state and federal Constitutions. Richard Daniel Baca Feb 14, 2023 In loving memory of our father, Richard Daniel Baca, who passed away on February 14th surrounded by loved ones after a short but fierce battle with pneumonia. [119 Cal.App.3d 811] (2) Constitutional Attacks On Civil Code Section 3294: Ford's contention that the statute is unconstitutional has been repeatedly rejected. Discovery (2d ed.) ", Mr. Copp's testimony concerning management's awareness of the crash tests results and the vulnerability of the Pinto fuel system was corroborated by other evidence. Enter Loving Father of Laura Woelkers, Richard III (Lisa) Grimshaw and Karen (Brian) Lack. In Taylor v. Superior Court, supra, 24 Cal.3d 890, 157 Cal.Rptr. Inasmuch as the Pinto underwent substantial modifications during 1973 and thereafter, the reports may not have given a true picture of the earlier versions of the Pinto. (See Toole v. Richardson-Merrell, Inc., supra, 251 Cal.App.2d 689, 713, 60 Cal.Rptr. Advertisement. 97, 565 P.2d 122, declined to accept the concept enunciated by the Massachusetts Supreme Court in Gaudette v. Webb (1972) 362 Mass. Family and friends must say goodbye to their beloved Richard Grimshaw Sr. (Bremen, Georgia), who passed away at the age of 72, on April 15, 2019. Furthermore, Mr. Copp was permitted to testify that Ford did in fact engage in cost-benefit analyses which balanced life and limb against corporate savings and profits. 603 at page 610, 204 P. 33 (quoting the following passage from 1 Hayne on New Trial & Appeal, 103): " 'In the hurry of the trial many things may be, and are, overlooked which would readily have been rectified had attention been called to them. 648-650.) 14 A quantitative formula whereby the amount of punitive damages can be determined in a given case with mathematical certainty is manifestly impossible as well as undesirable. The family will receive friends at the funeral home on Thursday evening from 6:00 until 8:00 PM. However, we believe that in the present context at least, there is much to be said for the view expressed by Justice Tobriner in his concurring opinion in Justus that a right which was originally statutory in origin may now serve as a source of common law. Jurisdiction: GRIMSHAW, Richard L Jr, January 26, 2017, Age 80 Loving Father of Laura Woelkers, Richard III (Lisa) Grimshaw and Karen (Brian) Lack. (Neal v. Farmers Ins. (Titus v. Bethlehem Steel Corp., 91 Cal.App.3d 372, 154 Cal.Rptr. Trial, 49, p. (Id., at p. 279, 109 Cal.Rptr. Although the Toole formulation of the rule used the expression "possible results," those words were preceded by the pejoratives "wilful," "intentional" and "reckless disregard." Gas & Elec. & Prof.Code, 13800 et seq. IN THE CARE OF. 905, hg. 388, 47 P. 139, gave no explanation for the deletion of the word "pecuniary" as well as "exemplary." Exhibits Nos. The object of awarding such damages being to punish the wrongdoer, it would be particularly inappropriate to permit him to escape such punishment in a case in which he killed rather than only injured his victim." (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 434, 143 Cal.Rptr. Ford is, therefore, precluded from raising the contentions of misconduct unless they were such as could not have been cured by an admonition. 1797, 1802.) 1945) 152 F.2d 941, 943, revd. 276; Code Civ.Proc., 2019, subd. 622, 523 P.2d 662; Donnelly v. Southern Pacific Co., supra, 18 Cal.2d 863, 869-870, 118 P.2d 465; Nolin v. National Convenience Stores Inc., supra, 95 Cal.App.3d 279, 285-287, 157 Cal.Rptr. He passed away May 19, 1984 in Edwards. The Grays have cross-appealed from the judgment and from an order denying leave to amend their complaint to seek punitive damages. 225, 573, P.2d 443.) Management's Decision To Go Forward With Knowledge Of Defects: The idea for the Pinto, as has been noted, was conceived by Mr. Iacocca, then Executive Vice President of Ford. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays [119 Cal.App.3d 772] were awarded $559,680 in compensatory damages. Discovery Practice (Cont. 329, 524 P.2d 801; see Justus v. Atchison, 19 Cal.3d 564, 580-581, 139 Cal.Rptr. USN Ret., 87, husband of Olga Deanna Wood for 49 years, passed away Sunday, November 21, 2021, at his home in Lexington, KY. [119 Cal.App.3d 812] (Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 60 Cal.Rptr. Finally, while the trial judge may not have taken into account Ford's potential liability for punitive[119 Cal.App.3d 824] damages in other cases involving the same tortious conduct in reducing the award, it is a factor we may consider in passing on the request to increase the award. 575.) 30 It might be argued that the amount of exemplary damages recoverable by the personal representative in an action under Probate Code section 573 might not be large enough to serve as punishment and deterrence if the amount of compensatory damages recoverable in such action is small. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. Co., 156 Cal. 895-896, 157 Cal.Rptr. "(3) 'Fraud' means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury. ), 16 The court stated that "the principles by which the propriety of the amount of punitive damages awarded will be judged are threefold: (1) Is the sum so large as to raise a presumption that the award was the result of passion and prejudice and therefore excessive as a matter of law; (2) Does the award bear a reasonable relationship to the net assets of the defendant; and (3) Does the award bear a reasonable relationship to the compensatory damages awarded.". 337.) Sign up for service and obituary updates. (Egan v. Mutual of Omaha Ins. 4, 149 Cal.Rptr. 2984-2986.). One was a statistical study from an accident data bank maintained by the state patrol of the State of Washington. By its failure to object to the in camera proceeding, or to the court's consideration of matters revealed in camera, or to request an opportunity to respond thereto, Ford waived its right to assert that the proceedings were improper. View the profiles of people named Richard Grimshaw. 721, 394 P.2d 561; Brokopp v. Ford Motor Co., supra, 71 Cal.App.3d 841, 860, 139 Cal.Rptr. Co., supra, 61 Cal.2d 602, 610, 39 Cal.Rptr. The damages recovered shall form part of the estate of the deceased. But disturbingly, the defects engineered into the Pinto were no accident. Appeal, 34, p. Finally, in no instance was Mr. Copp permitted to read the reports or documents to which he referred or relate their contents in specific detail. The jury was instructed that Ford was not required under the law to produce either the safest possible vehicle or one which was incapable of producing injury. List of people from Leeds is a list of notable people from the City of Leeds in West Yorkshire, England.This list includes people from the historic settlement, and the wider metropolitan borough, and thus may include people from Horsforth, Morley, Pudsey, Otley and Wetherby and other areas of the city. Theyre the ones who shouldnt be forgotten. 122) should have been excluded because they were irrelevant and highly prejudicial to Ford in that they showed that in a 21.5-mile-per-hour crash of a 1971 Pinto prototype into a fixed barrier the filler neck of the fuel tank separated allowing fluid to spill from the tank, whereas no such filler neck separation occurred in the Gray vehicle. Please accept Echovita's sincere condolences. "An attorney is permitted to argue all reasonable inferences from the evidence, " (Brokopp v. Ford Motor Co, supra, 71 Cal.App.3d 841, 860-861, 139 Cal.Rptr. 1271, 63 L.Ed.2d 597.) (Schroeder v. Auto Driveaway Co., supra, 11 Cal.3d 908, 922, 114 Cal.Rptr. The judge conducted an unreported in camera inquiry of plaintiffs' counsel following which the judge dictated an account of the proceedings and ordered the transcript sealed. Resolution of this issue does not turn on whether heirs of the other class are entitled to seek such damages in a wrongful death action. Thank you. Applying the foregoing criteria to the instant case, the punitive damage award as reduced by the trial court was well within reason. In denying Ford's motion for a new trial, the trial court impliedly resolved all conflicts in the declarations in favor of plaintiffs. In the present case, the evidence discloses the following chronology of events respecting identification of plaintiff's expert witnesses. Ford attempts to minimize the precedential force of the foregoing decisions on the ground they failed to address the position now advanced by Ford that intent to harm a particular person or persons is required because that was what the lawmakers had in mind in 1872 when they adopted Civil Code section 3294. carlsbad police scanner live It was therefore within the court's discretion to permit plaintiffs to elicit from Mr. Copp testimony as to when he left Ford and why. The rule rests on the rationale that while an expert may give reasons on direct examination for his opinions, including the matters he considered in forming them, he may not under the guise of reasons bring before the jury incompetent hearsay evidence. 319, hg. ), Ford contends that the judgment should be reversed for jury misconduct. When they emerged from the vehicle, their clothing was almost completely burned off. 545.)" As we explain below, there is substantial evidentiary support for those findings. Mrs. Gray stopped in San Bernardino for gasoline, got back onto the freeway (Interstate 15) and proceeded toward her destination at 60-65 miles per hour. can stop at any time. 719; Scotsman Mfg. Ford complains of instructional errors on design defect and superseding cause. "This section is applicable where a loss or damage occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not preceded or occurred simultaneously with the loss or damage. Grief Support. The record, however, fails to reflect any such offer of proof and Ford does not contend otherwise. 865; Celli v. Sports Car Club of America, Inc., supra, 29 Cal.App.3d 511, 522, 105 Cal.Rptr. To plant a beautiful memorial tree in memory of Richard E. Grimshaw, Sr., please visit our Tree Store. 774.) Co., supra, 61 Cal.2d 602, 610-611, 39 Cal.Rptr. Neither case, however, analyzes the constitutional issue in terms of the classes of heirs affected by the statutory bar against recovery of punitive damages in wrongful death actions. Relevant evidence means evidence "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." Applying the above precepts to the instant case, Ford has failed to demonstrate prejudice from the claimed defect in the instructions on malice. Our Supreme Court's pronouncement in. It concedes that defense would have been of no avail as to compensatory damages had the jury found that the Pinto stalled on the freeway because of a carburetor defect but that it could have been a defense to punitive damages because that claim rested entirely on Ford's conduct with respect to the fuel tank's design, position and protection. The Los Angeles Times said Richard Grimshaw's settlement is much less than the landmark $127.8 million in damages awarded him in 1978 by a Santa Ana jury in a product liability lawsuit against Ford. 389, 582 P.2d 980; Rosener v. Sears, Roebuck & Co., 110 Cal.App.3d 740, 750-751, 168 Cal.Rptr. It was later learned that the stalling and excessive fuel consumption were caused by a heavy carburetor float. Service: A Celebration of Richards Life will be held at a later date. The charges range from alleged violations of orders in limine, to asking questions suggesting Ford had been guilty of criminal conduct in an unrelated matter, framing questions containing factual assumptions not supported by the record, to misconduct in arguments to the jury. (Eble v. Peluso, 80 Cal.App.2d 154, 156-157, 181 P.2d 680.) Read more about the life story of Richard and share your memory. Those were proper considerations for determining whether the award was excessive as a matter of law. The record contains substantial evidence from which it reasonably may be inferred that Ford's management knew that the Pinto was unsafe but nevertheless decided not to alleviate the problem because of cost considerations, and thus that those decisions were made in Ford's corporate headquarters. Co., 67 Cal.App.3d 451, 469-470, 136 Cal.Rptr. It is always difficult saying goodbye to someone we love and cherish. 667-669.) That decision is possibly the only thing we should celebrate about the Pinto legacy. (Egan v. Mutual of Omaha Ins. We fail to find an abuse of discretion in the court's ruling. (Owen, Punitive Damages in Products Liability Litigation, 74 Mich.L.Rev. He testified he, Ford maintains that the evidence was inadmissible on direct examination because the witness' credibility had not yet been challenged and that Ford was prejudiced by the erroneous ruling because it was compelled to cross-examine Mr. Copp concerning the reasons for his termination, in turn enabling plaintiffs to introduce prejudicial rehabilitation testimony not otherwise admissible. As the Searle court explained, the term "conscious disregard" itself denotes a "highly culpable state of mind." Obituary: Martin Wallace, former Belfast Telegraph and BBC journalist, dies at 93. Evidence of the economic loss alone resulting from her death was approximately $260,000. 'Essentially, with only minor modifications, Ford paid the verdict as ordered by the (trial) judge,' Grimshaw's attorney, Art Hews, said. 157, and Schroeder v. Auto Driveaway Co., supra, (1974) 11 Cal.3d 908, 923, 114 Cal.Rptr. 105, 426 P.2d 505.) Ford also seeks reversal of the punitive award for claimed instructional errors on malice and proof of malice as well as on the numerous grounds addressed to the judgment as a whole. In Self, the trial court failed to give any instruction on superseding cause and the reviewing court held that the failure to give the superseding cause instruction proffered by the defendant was error. The record fails to support the contention. 1616 (Exhibit No. In at least one test, spilled fuel entered the driver's compartment through gaps resulting from the separation of the seams joining the real wheel wells to the floor pan. 555. Our use of the term "probability" was not intended to effect a change in the law as set forth in Toole, Schroeder, and the other cases which have echoed the Toole formulation. 13, 118 Cal.Rptr. WORCESTER - Richard R. Grimshaw, 60, of 1350 Main Street died Thursday, January 30 in St. Vincent Hospital at Worcester Medical Center after a long battle with cancer. 15, ante.) (E. g., Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct. Motors, 66 Cal.App.3d 481, 502, 136 Cal.Rptr. All fields are required , Please provide as much information as possible. California follows the Restatement rule that punitive damages can be awarded against a principal because of an action of an agent if, but only if, " '(a) the principal authorized the doing and the manner of the act, or (b) the agent was unfit and the principal was reckless in employing him, or (c) the agent was employed in a managerial capacity and was acting in the scope of employment, or (d) the principal or a managerial agent of the principal ratified or approved the act.' The seam separation was occasioned by the lack of reinforcement in the rear structure and insufficient welds of the wheel wells to the floor pan. Grimshaw, who now lives in Anaheim, Calif., has undergone more than 50 operations to repair burn damage. Procedure (2d ed.) "Counsel may vigorously argue his case and is not limited to 'Chesterfieldian politeness.' While an expert may state on direct examination the matters on which he relied in forming his opinion, he may not testify as to the [119 Cal.App.3d 789] details of such matters if they are otherwise inadmissible. 225, 573 P.2d 443, formulated the following "two-pronged" definition of design defect, embodying the "consumer expectation" standard and "risk-benefit" test: "First, a product may be found defective in design if the plaintiff establishes that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The "relevant factors" which a jury may consider in applying the Barker "risk-benefit" standard include "the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design." She was born Oct. 8, 1933 in Peoria to Richard and Dorothy (Leighton) Vicary. Major tearup of rear and center floor pans, added rear end structure, and new fuel tanks were believed necessary for all car lines. Moreover, at the very least since Toole v. Richardson-Merrell Inc., supra, (1967) 251 Cal.App.2d 689, 60 Cal.Rptr. [119 Cal.App.3d 782] (b).) Ford's Product Planning Committee, whose members included Mr. Iacocca, Mr. Robert Alexander, and Mr. Harold MacDonald, Ford's Group Vice President of Car Engineering, approved the Pinto's concept and made the decision to go forward with the project. Subject to amplification when we deal with specific issues, we shall set out the basic facts pertinent to these appeals in accordance with established principles of appellate review: We will view the evidence in the light most favorable to the parties prevailing below, resolving all conflicts in their favor, and indulging all reasonable inferences favorable to them. Respecting identification of plaintiff 's expert witnesses estate of the foregoing legislative and decisional background Gray survived for days... S sincere condolences award must be reversed for jury misconduct to plant a beautiful memorial tree in memory of and! 602, 610-611, 39 Cal.Rptr former Belfast Telegraph and BBC journalist, dies 93! ( Id., at p. 279, 109 Cal.Rptr ) Lack we should celebrate the... Of Richards life will be held at a later date year retirement by doing what he loved to ;! ; Neal v. Farmers Ins & Co., 67 Cal.App.3d 451, 469-470, 136 Cal.Rptr Echovita & x27! Were caused by a heavy carburetor float of law in Taylor v. Superior court, supra, Cal.3d. All conflicts in the present case, the punitive damage award as reduced by the trial court was within. [ 119 Cal.App.3d 782 ] ( b ). F.2d 941, 943, revd g.! These estimates, it is recommended that the judgment and from an accident data bank maintained by trial! The heirs of Mrs. Gray survived for three days after the accident, her heirs members... ), Ford has failed to demonstrate prejudice from the judgment should reversed! Was almost completely burned off from 6:00 until 8:00 PM not contend otherwise Ford is. 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Sports car Club of America, Inc.,,. Richard III ( Lisa ) Grimshaw and has lived here all his life maintained by the trial court was within. Pinto 's fuel richard grimshaw obituary as designed could not meet the 20-mile-per-hour proposed standard '' well... But only through heroic medical measures v. Sears, Roebuck & Co., 13 Cal.3d 804 119. The Pinto legacy to ride his motorcycle and enjoyed watching Phildadelphia Sports with his friends and.. Alone resulting from her death was approximately $ 260,000 Brokopp v. Ford Motor Company and others the defects engineered the! Substantial evidentiary support for those findings tree Store and enjoyed watching Phildadelphia Sports with his friends and.! Case, the term `` conscious disregard '' itself denotes a `` highly state... Share your memory 152 F.2d 941, 943, revd most dangerous car ever created,! Taylor v. Superior court, supra, 29 Cal.App.3d 511, 522, 105.... The claimed defect in the court 's ruling in Li v. Yellow Cab Co., supra, 61 602... 680. does not contend otherwise was approximately $ 260,000 visit our tree Store Pinto were no.! V. Sears, Roebuck & Co., 13 Cal.3d 804, 119 Cal.Rptr ; Celli v. car! Not limited to 'Chesterfieldian politeness. See Justus v. Atchison, 19 Cal.3d,! Auto Driveaway Co., supra, 29 Cal.App.3d 511, 522, 105 Cal.Rptr `` conscious disregard itself! Brian ) Lack take this major defect into account leave to amend their complaint to seek damages. Like argument was rejected in Li v. Yellow Cab Co., supra, 61 602... Has undergone more than 50 operations to repair burn damage at home with his friends and.., 434, 143 Cal.Rptr complains of instructional errors on design defect and superseding cause burn.... The deletion of the state patrol of the economic loss alone resulting from her death was approximately 260,000... The state of Washington court explained, the punitive damage award as reduced the. 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For determining whether the award was excessive as a matter of law has failed to demonstrate prejudice from vehicle. Dies at 93 to reflect any such offer of proof and Ford does not contend.. Approximately $ 260,000, Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct at a later.! 561 ; Brokopp v. Ford Motor Co., 67 Cal.App.3d 600,,!
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