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Brassinga v. City of Mountain View8/20/1998
undisputed facts do not support this argument. The Regional Team was not shown to be an entity that could qualify as an employer, and the evidence presented in support of Acton's motion did not establish as a matter of law that Mountain View was Brassinga's special employer. Consequently, the superior court erred in dismissing Acton from this action. The same triable issues of fact that precluded Mountain View from obtaining summary judgment precluded Acton from succeeding on his motion.
Disposition
The judgment is reversed and remanded for further proceedings in accordance with the views expressed herein. The parties shall bear their own costs.
WE CONCUR:
Cottle, P.J.
Bamattre-Manoukian, J.
Trial Court: Santa Clara County Superior Court
Trial Court Judges: Hon. Richard C. Turrone Hon. Jeremy D. Fogel
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 California Personal Injury Attorneys
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