Summary
In Freitas v. J.G. Boswell Co. (1987) 188 Cal.App.3d 700 [233 Cal.Rptr. 544] (time for granting or den. review extended to May 18, 1987), the court held the defendants' declarations, that they lacked knowledge of any peril and that they did not commit willful or malicious misconduct, were insufficient evidence on which to grant their motions for summary judgment under section 846 Because willful or malicious misconduct is measured by an objective standard, a defendant's selfserving subjective statement does not suffice to negate such misconduct.
Summary of this case from Charpentier v. Von GeldernOpinion
1987.
[EDITORS' NOTE: PAGES 701 — 722 CONTAINING FREITAS v. J.G. BOSWELL CO. HAVE BEEN OMITTED.]
Deleted on direction of Supreme Court by order dated May 14, 1987.