 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
West Shield Investigations and Security Consultants v. Superior Court of Santa Clara County8/2/2000
n summary adjudication of a tort claim by a minor child must establish that the allegedly wrongful exercise of parental authority was within reasonable limits as a matter of law. In the present case, therefore, petitioners had the initial burden to establish that (1) they were acting in loco parentis; and (2) their conduct in allegedly misrepresenting or concealing the facts of Eymil's transportation to and detention at the Pathfinders camp was within the scope of what an ordinarily reasonable and prudent parent would have done in similar circumstances. Eymil does not dispute that petitioners were acting in loco parentis. However, on the record before us, we cannot conclude as a matter of law that petitioners' conduct was non-actionable because it was reasonable and therefore within the scope of lawful parental authority.
Nor can we determine as a matter of law that the alleged misrepresentations and fraudulent concealment were not material or that Eymil's reliance upon them was not justifiable, without usurping the role of the trier of fact. Questions of materiality and justifiable reliance constitute questions of fact which cannot be resolved on summary adjudication, unless, in contrast to the present case, "the undisputed facts leave no room for a reasonable difference of opinion." (Blankenheim v. E.F. Hutton & Co. (1990) 217 Cal.App.3d 1463, 1475.) For these reasons, summary adjudication of the sixth cause of action for intentional misrepresentation and the seventh cause of action for fraudulent concealment was properly denied.
IV. DISPOSITION
Let a peremptory writ of mandate issue directing respondent court to vacate its order of April 8, 1999, denying the motions of petitioners for summary adjudication of the first, second, third, fourth, fifth, eighth, ninth and tenth causes of action, and to enter a new and different order granting summary adjudication of each cause of action. In all other respects, the petitions for writ relief are denied. The temporary stay order is vacated. Costs in this original proceeding are awarded to petitioners.
WE CONCUR: Bamattre-Manoukian, Acting P.J., Mihara, J.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|