Greenfield

This case involves an appeal and a cross-appeal arising out of a personal injury action involving a physical assault which occurred on February 2, 1980. Respondent and cross-appellant Stephen Greenfield (Mr. Greenfield) drove his wife Lenore Greenfield to an office of appellant and cross-respondent Spectrum Investment Corporation dba Budget Rent-A-Car, Inc. (Budget). She went into the office located at Topanga Canyon in Canoga Park, where she spoke to an employee of Budget, appellant and cross-respondent Timothy In (Mr. In). Mr. In informed her that in order to rent a car she should pay a higher deposit of $75 instead of the $20 deposit she paid in the past because the Greenfields did not have two credit cards.

Mrs. Greenfield left the office and called her husband. Mr. Greenfield attempted to persuade Mr. In to rent the car with the smaller deposit. Mr. In was recalcitrant and refused to rent the car. An argument ensued in which Mr. In told Mr. Greenfield to leave. As he started to leave, Mr. In struck Mr. Greenfield with a blow to the back of his head, knocking him to the floor. He began to hit and kick Mr. Greenfield as the latter attempted to wrap his head in his…