Golden West Broadcasters, Inc. v. Superior Court

Opinion

McDANIEL, J.

Introduction

In these original proceedings, the petitioner, who is the defendant employer in an action brought to recover damages for injuries suffered by plaintiff in a fistfight with the defendant employee, challenges the propriety of the trial court’s denial of petitioner’s motion for summary judgment by seeking a writ of mandate to rectify the claimed error. In our view, the trial court should have granted petitioner’s motion for summary judgment because the record demonstrates, as a matter of law on undisputed facts, that the defendant employee was not acting in the…