Federico

Federico v. Superior Court of Sacramento County

Good Law
1997 Cal. App. LEXIS 1022·59 Cal. App. 4th 1207·69 Cal. Rptr. 2d 370·97 Daily Journal DAR 14881·13 I.E.R. Cas. (BNA) 865
Court of Appeal of CaliforniaNovember 14, 1997C027388California3,121 words

Opinion

Opinion

Puglia, J.

Petitioners James Federico and Federico College of Hairstyling seek a writ of mandate directing respondent superior court to grant their motion for summary judgment. In the underlying action real party in interest (plaintiff) sued petitioners (defendants) for damages arising out of an act of sexual molestation perpetrated by defendants’ employee, John Kaslar. The superior court granted defendants’ motion for summary adjudication on all but one of plaintiff’s several causes of action. The only count to survive is premised on the theory that defendant Federico (further references to defendant in the singular are to James Federico, individually) knew, or should have known, that Kaslar had suffered prior convictions for sexually molesting juvenile males, and was negligent in hiring him to manage and supervise the training of students at the Federico College of Hairstyling. We conclude that defendants are entitled to prevail on the single remaining cause of action, and that the trial court should therefore have granted the motion for summary judgment.

The general principles which govern our review of the trial court’s ruling on a summary judgment motion are familiar. “ ‘A…

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