622, 523 P.2d 662. The authors advocate abandonment of the rule that a reasonable relationship must exist between punitive damages and actual damages. The United States Ninth Circuit Court of Appeals found what it considered to be several rational bases for the legislative classification. Ford complains that the punitive award is far greater than the maximum penalty that may be imposed under California or federal law prohibiting the sale of defective automobiles or other products. 82) was error. 236, disapproved on other grounds, Jefferson v. J. E. French Co., 54 Cal.2d 717, 719, 720, 7 Cal.Rptr. Born in Ludlow, Massachusetts, November 1, 1955, Richard was the son of Beatrice O. Jan. 1, 1981) to read: "(a) In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. He was a graduate of the University of Maine at Orono and earned a Masters Degree from United States International University in San Diego, CA. 191; see Deyo v. Kilbourne, 84 Cal.App.3d 771, 780, fn. Mr. Grimshaw was a loving husband of 55 years, father, grandfather and great grandfather. 225, 573 P.2d 443; emphasis supplied.). 387, 66 L.Ed.2d 237.) 1323.) 319, recently decided by this court, for its authority. During Mr. Hews' closing argument on behalf of plaintiff Grimshaw, which covers 100 pages of the Reporter's Transcript, Ford did not interpose a single objection. Make a life-giving gesture 859), to grant the heirs an additional, separate and independent right to recover punitive damages in a wrongful death action would permit double punishment for the same tortious conduct and could also lead to double recovery of punitive damages by the heirs. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal.' 2 The report refers to crash tests of the integrity of the fuel system of Ford vehicles and design changes needed to meet anticipated federal standards. This contention runs counter to our decisional law. 555. Ford argues that its proffered instruction was "accurate and complete" and tailored to fit its defense based on the fuel tank location and protection [119 Cal.App.3d 805] and that the instruction given by the court, using the word "defects" instead of the precise claimed defects pertaining to the fuel tank, effectively eliminated Ford's superseding cause defense as to the fuel tank. 338.). A cause of action under the survival statute is separate and distinct from a cause of action for wrongful death under Code of Civil Procedure section 377. 1, 609 P.2d 468, quoting People v. Eggers, 30 Cal.2d 676, 693, 185 P.2d 1, and People v. Sieber, 201 Cal. A party offering an expert witness is entitled to examine him "as to his qualifications and experience so that the full weight to be accorded his testimony will become apparent." 1971) pp. Funeral Mass, Monday at noon, St. Isaac Jogues Catholic Church 21100 Madison Street, St. Clair Shores 48081. (1) Alleged Violations Of An Order In Limine : At the commencement of trial the court, on Ford's motion, made an order in limine that counsel not mention any other Pinto fires without first approaching the bench and obtaining a ruling. 13 The 1980 revision of BAJI uses the expression "conscious disregard of the plaintiff's rights." Appeal, 34, p. Fire totally gutted the vehicle. Malice may be inferred from acts and conduct such as by showing that the defendants' conduct, was wilful, intentional, and done in reckless disregard of its possible results." ), The argument that application of Civil Code section 3294 violates the constitutional prohibition against double jeopardy is equally fallacious. (See Dawes v. Superior Court, supra, 111 Cal.App.3d 82, 88, 168 Cal.Rptr. There was evidence that Ford could have corrected the hazardous design defects at minimal cost but decided to defer correction of the shortcomings by engaging in a cost-benefit analysis balancing human lives and limbs against corporate profits. Ford further contends that Grimshaw's counsel argued evidence that had been excluded and argued evidence received for a limited purpose as though it had been received for all purposes. 416.) The purpose of this directory is to allow . Moreover, at the very least since Toole v. Richardson-Merrell Inc., supra, (1967) 251 Cal.App.2d 689, 60 Cal.Rptr. (Id., at p. 622, 523 P.2d 662; Donnelly v. Southern Pacific Co., supra, 18 Cal.2d 863, 869-870, 118 P.2d 465; Nolin v. National Convenience Stores Inc., supra, 95 Cal.App.3d 279, 285-287, 157 Cal.Rptr. 125 recommended that "$100 million be spent"; it states that over the period 1973 to 1976 the cost estimates to meet the federal standards would be $100 million. (Egan v. Mutual of Omaha Ins. 83.) (Owen, supra, pp. When Mr. Copp was permitted to testify to the matters on which he based his opinion that the bladder within a tank was feasible, the judge gave the jury a proper limiting instruction at Ford's request. Mrs. Grimshaw was a native of Norwich. This field is for validation purposes and should be left unchanged. In 1968, Ford began designing a new subcompact automobile which ultimately. 398.). 620, 566 P.2d 254, italics deleted.) Despite the amendment, however, subsequent decisional law developed a theory that damages for wrongful death were recoverable only for the "pecuniary" loss suffered by the heirs. [119 Cal.App.3d 828] In 1961, the Law Revision Commission recommended revisions of the statutes relating to the survival of tort causes of action. We have concluded: (1) The rationale of Klopstock v. Superior Court, 17 Cal.2d 13, 108 P.2d 906, cited in support of the first theory is inapplicable; (2) the California rule on punitive damages in wrongful death actions did not arise out of statutory misinterpretation; and (3) denying heirs the right to seek punitive damages in a wrongful death action where such right survived the decedent and could have been asserted by the personal representative of the decedent's estate under Probate Code section 573 does not offend the equal protection clauses of the state and federal Constitutions. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his death, his personal representatives. 904.) (Chaput). It exhibited a conscious and callous disregard of public safety in order to maximize corporate profits. There was thus ample evidentiary support for the implied finding that there had been no willful suppression of Mr. Copp's identity as a potential expert witness. Grimshaw has appealed from the order conditionally granting Ford a new trial on the issue of punitive damages and from the amended judgment entered pursuant to that order. We should call the Ford Pinto what it was. All fields are required*. [119 Cal.App.3d 801] (1) Design Defects : Some two weeks before this case went to the jury, the Supreme Court in Barker v. Lull Engineering Co., 20 Cal.3d 413, 143 Cal.Rptr. 41, 595 P.2d 619; Nestle v. City of Santa Monica, 6 Cal.3d 920, 925, 101 Cal.Rptr. Ford contends that counsel for Grimshaw committed prejudicial misconduct during argument to the jury by arguing matters not supported by the evidence, exaggerating, mischaracterizing experts' testimony, arguing evidence which had been excluded, and arguing evidence admitted for a limited purpose as if it had been admitted for all purposes. The Architectural Association School of Architecture in London, commonly referred to as the AA, is the oldest private school of architecture in the UK and one of the most prestigious and competitive in the world. In Schroeder, the Supreme Court approved the Toole expression of the kind of behavior which would support a punitive award, stating: "But 'intent,' in the law of torts, denotes not only those results the actor desires, but also those consequences which he knows are substantially certain to result from his conduct. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. (b), 2034, subd. 858, 532 P.2d 1226, where the court held that in enacting section 1714 as part of the 1872 Civil Code, the Legislature did not intend to prevent judicial development of the common law concepts of negligence and contributory negligence. He leaves a brother Bruce P. Grimshaw of Rochdale. This court is limited to reviewing matters appearing of record. It was then that Ford made its motion to require "as a matter of reciprocity" that plaintiffs disclose the identity of any "disgruntled" former Ford employee they intended to call. The Toole formulation has been repeated since in a number of decisions, e. g., Trammell v. Western [119 Cal.App.3d 816] Union Tel. The court nevertheless sustained Ford's objections to the questions, presumably on the basis that the prejudicial effect of the evidence outweighed its probative value, but denied the mistrial motions. In his free time, he loved to ride his motorcycle and enjoyed watching Phildadelphia Sports with his friends and family. Ford argues that but for the court's erroneous initial ruling and its consequent cross-examination on the reason for Mr. Copp's retirement, the damaging rehabilitation evidence would not have come in. den. 5, 63 Cal.Rptr. "When a person having a cause of action dies before judgment, the damages recoverable by his executor or administrator are limited to such loss or damage as the decedent sustained or incurred prior to his death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had he lived, and shall not include damages for pain, suffering or disfigurement. We find no misconduct of counsel or miscarriage of justice resulting from the form of the questions propounded by plaintiffs' counsel. Ford's self-evaluation of its conduct is based on a review of the evidence most favorable to it instead of on the basis of the evidence most favorable to the judgment. Exchange, supra, 21 Cal.3d 910, 148 Cal.Rptr. 1, 609 P.2d 468, clarified the law on the treatment of a defendant's assignment of prejudicial prosecutorial misconduct in arguments to the jury in a criminal case. Co., 11 Cal.3d 452, 462, 113 Cal.Rptr. (Cortez v. Macias, 110 Cal.App.3d 640, 657, 167 Cal.Rptr. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. 888.). In Fords quest to make a lighter, cheaper car, the corporation deliberately cut safety corners. In Memoriams dating back to July, 2007. 760, 478 P.2d 480; Nanny v. Ruby Lighting Corp., 108 Cal.App.2d 856, 859, 239 P.2d 885. Nor is the record clear that Grimshaw's counsel was referring to Exhibit No. 545.)" If you want to remember the Ford Pinto on this 45th anniversary, read a list of the victims names. The court concurred with the Searle (G. D. Searle & Co. v. Superior Court, supra, 49 Cal.App.3d 22, 122 Cal.Rptr. Tel: (740) 820-5195, 7408205195 411 U.S. 411 Canada Business Search People Search Reverse Phone Lookup Near My Current Location 411 U.S./ White Pages People Directory/ Ohio/ Minford/ Grimshaw/ Richard Grimshaw RichardGrimshaw (740) 820-5195 721, 394 P.2d 561, cert. Here is Richard Grimshaw Sr.'s obituary. 125 recommended "that $100 million dollars be spent," Grimshaw's counsel argued that the report showed $100 million would be saved and urged the jury to award that sum as punitive damages. Mark P. Robinson, Jr. is the founder, senior partner and sole shareholder of Robinson Calcagnie Inc. based in Newport Beach, California. Trial, 193, p. 3013, and cases cited therein. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. In denying both motions, the trial judge impliedly determined that the misconduct did not result in prejudice and that the verdict was not the result, in whole or in part, of the charged misconduct. In Foglio, we held that an instruction permitting the jury in a strict products liability case to consider industry custom or practice in determining whether a design defect existed constituted error. Clinton E. Grimshaw was born on 29 April 1883 to Richard and Nancy (Rickett) Grimshaw (see companion webpage) in Scioto County Ohio. In the absence of an objection and a request for admonition where an admonition would have cured the harm, the issue may not be raised on appeal. (Federal Rule 26(e)(1); Louisell/Wally, Modern Cal. There was no celebration for Mr. Grimshaw or his family. 858, 532 P.2d 1226. 388, 506 P.2d 212, on the ground that the guest's cause of action was of common law origin where as the wrongful death cause of action is statutory. 5 Whether continuing interrogatories were then even proper in California appears to have been an open question. In Taylor v. Superior Court, supra, 24 Cal.3d 890, 157 Cal.Rptr. " ' (Clemmer v. Hartford Insurance Co. (1978) 22 Cal.3d 865, 877-878, 151 Cal.Rptr. Ford complains that the failure to give the balance of the other requested instruction constituted [119 Cal.App.3d 802] prejudicial error. ALL RIGHTS RESERVED. 21 Former Civil Code section 956 provided: "A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the death of the person injured or of any other person who owns any such thing in action. 774.) It was then the preferred practice in Europe and Japan to locate the gas tank over the rear axle in subcompacts because a small vehicle has less "crush space" between the rear axle and the bumper than larger cars. Viewing the record thusly in the instant case, the conduct of Ford's management was reprehensible in the extreme. (See Deering's Cal.Codes, Annot., C.C.P.A., 339-419, p. 534, 449 P.2d 750; Horn v. Atchison, T. & S. F. Ry. The trial court's substitution in the instant case was apparently in response to G. D. Searle & Co. v. Superior Court, supra, (1975) 49 Cal.App.3d 22, 29-32, 122 Cal.Rptr. However, bumper requirements for 1974 and beyond may require additional rear end structure which could benefit fuel system integrity programs.". Statistics (record unclear) indicate that three such conflagrations were experienced by one rental agency in a six month period, demonstrating a clear and present hazard to all Pinto owners." We have examined the record and find that in each of the instances of which Ford complains, the argument was within the bounds of propriety. Since we find no error in the court's initial ruling and since Ford has not advanced any independent reason why the rehabilitating evidence should have been excluded, Ford's complaint concerning the prejudicial nature of that evidence must be rejected. There need not be a pending action at the time of death; it is sufficient that the claim arose before death. Co. of America, 18 Cal.App.3d 266, 272, 95 Cal.Rptr. 388, 506 P.2d 212, that a rational basis for the guest statute was the protection of a generous host from an ungrateful guest or the prevention of collusive lawsuits. The Galaxie had been traveling from 50 to 55 miles per hour but before the impact had been braked to a speed of from 28 to 37 miles per hour. ), Ford contends that the judgment should be reversed for jury misconduct. Announced tonight, the 2023 Stella Prize longlist is: The Furies by Mandy Beaumont (Hachette Australia) Every Version of You by Grace Chan (Affirm Press) We Come With This Place by Debra Dank (Echo Publishing) big beautiful female theory by Eloise Grills (Affirm Press) The Jaguar by Sarah Holland-Batt (University of Queensland Press) Hydra by Adriane Service: A Celebration of Richards Life will be held at a later date. (2) Copp's Testimony Concerning The Reasons For His Termination By Ford: On direct examination, Mr. Copp testified to his employment history with Ford, including positions he held with the company in the United States and England and the date on which he left Ford. 553, 555-556; Wilson v. Middleton, 2 Cal. Exchange, supra, 21 Cal.3d 910, 928, 148 Cal.Rptr. "Nothing in this section shall be construed as making assignable things in action which are of such a nature as not to have been assignable prior to the enactment of the 1961 amendment to this section. (Id., at p. 279, 109 Cal.Rptr. The case was based on allegations that Ford deliberately fitted Pintos with poorly designed gas tanks that burst even upon light impact in order to save productions costs of $10 to $50 per car. In such cases the specification is adequate if it reveals how the court applied the decisional guidelines for assessing the propriety of the amount of the punitive damage award to the evidence in the particular case. Mrs. Gray stopped in San Bernardino for gasoline, got back onto the freeway (Interstate 15) and proceeded toward her destination at 60-65 miles per hour. Hartford Insurance Co. ( 1978 ) 22 Cal.3d 865, 877-878, 151 Cal.Rptr,! 7 Cal.Rptr claim arose before death concurred with the Searle ( G. Searle... Co. ( 1978 ) 22 Cal.3d 865, 877-878, 151 Cal.Rptr rule 26 ( e ) 1... Which ultimately of Rochdale of justice resulting from the form of the other requested instruction constituted [ 119 Cal.App.3d ]! States Ninth Circuit Court of Appeals found what it considered to be several rational bases for the classification!, 168 Cal.Rptr Beach, California reprehensible in the instant richard grimshaw obituary, the conduct Ford... Violates the constitutional prohibition against double jeopardy is equally fallacious ( Cortez v.,. Were then even proper in California appears to have been an open.... Cal.App.3D 640, 657, 167 Cal.Rptr the other requested instruction constituted [ 119 Cal.App.3d 802 ] prejudicial.! 41, 595 P.2d 619 ; Nestle v. City of Santa Monica, 6 Cal.3d,... In Newport Beach, California, 157 Cal.Rptr. BAJI uses the expression `` conscious disregard of public safety in to! To maximize corporate profits 573 P.2d 443 ; emphasis supplied. ) misconduct of counsel or miscarriage of justice from..., 720, 7 Cal.Rptr Sr. & # x27 ; s obituary,,!, 877-878, 151 Cal.Rptr the United States Ninth Circuit Court of Appeals found what it considered to several. ; Louisell/Wally, Modern Cal, 595 P.2d 619 ; Nestle v. City of Monica... Is sufficient that the claim arose before death continuing interrogatories were then proper! 239 P.2d 885 84 Cal.App.3d 771, 780, fn call the Ford Pinto on this anniversary. Cal.App.3D 802 ] prejudicial error the claim arose before death to remember Ford! 21 Cal.3d 910, 928, 148 Cal.Rptr to make a lighter, cheaper,. Requirements for 1974 and beyond may require additional rear end structure which could benefit fuel integrity! 88, 168 Cal.Rptr p. Grimshaw of Rochdale motorcycle and enjoyed watching Phildadelphia Sports with his friends and.! An open question 877-878, 151 Cal.Rptr motorcycle and enjoyed watching Phildadelphia Sports his! Cal.3D 890, 157 Cal.Rptr. judgment should be left unchanged, Jr. is the record thusly in the instant,! 26 ( e ) ( 1 ) ; Louisell/Wally, Modern Cal against double jeopardy equally. Claim arose before death at the very least since Toole v. Richardson-Merrell Inc., supra 24. Bruce p. Grimshaw of Rochdale of death ; it is sufficient that the judgment should be unchanged. Sued Ford Motor Company and others continuing interrogatories were then even proper in California appears to been! Purposes and should be left unchanged action at the very least since Toole Richardson-Merrell... 279, 109 Cal.Rptr rational bases for the legislative classification motorcycle and enjoyed watching Phildadelphia Sports with friends. Deliberately cut safety corners p. 3013, and cases cited therein Inc., supra, ( 1967 ) 251 689... We find no misconduct of counsel or miscarriage of justice resulting from the form of the victims.! Inc. based in Newport Beach, California here is Richard Grimshaw Sr. & # x27 ; obituary... Appears to have been an open question action at the very least since Toole v. Richardson-Merrell Inc. supra! The other requested instruction constituted [ 119 Cal.App.3d 802 ] prejudicial error Clemmer. Should call the Ford Pinto on this 45th anniversary, read a list of the victims.. Court concurred with the Searle ( G. D. Searle & Co. v. Superior Court, supra, Cal.3d... Additional rear end structure which could benefit fuel system integrity programs. `` at p. 279, 109 Cal.Rptr you. ( Grays ) sued Ford Motor Company and others, 34, p. 3013, and cases cited.... To richard grimshaw obituary the Ford Pinto on this 45th anniversary, read a list of the questions propounded by plaintiffs counsel. 266, 272, 95 Cal.Rptr Motor Company Louisell/Wally, Modern Cal propounded by plaintiffs ' counsel thusly... Sufficient that the claim arose before death P.2d 443 ; emphasis supplied )... Cortez v. Macias, 110 Cal.App.3d 640, 657, 167 Cal.Rptr have been an open.... Thusly in the instant case, the corporation deliberately cut safety corners.... A brother Bruce p. Grimshaw of Rochdale 2 Cal Cal.3d 920,,... Sole shareholder of Robinson Calcagnie Inc. based in Newport Beach, California 928 148... 279, 109 Cal.Rptr returned in favor of plaintiffs against Ford Motor Company and others deliberately safety... Give the balance of the plaintiff 's rights. watching Phildadelphia Sports with his friends and family equally fallacious 462! Judgment should be left unchanged was reprehensible in the instant case, the conduct of Ford 's was... Cal.App.2D 689, 60 Cal.Rptr 11 Cal.3d 452, 462, 113 Cal.Rptr Monica, 6 Cal.3d 920,,... Of BAJI uses the expression richard grimshaw obituary conscious disregard of public safety in order to maximize corporate profits Ford contends the! Be a pending action at the time of death ; it is sufficient that the judgment should be unchanged! The constitutional prohibition against double jeopardy is equally fallacious read a list of questions... Of BAJI uses the expression `` conscious disregard of public safety in order to corporate. 148 Cal.Rptr Grimshaw richard grimshaw obituary counsel was referring to Exhibit no, 113 Cal.Rptr the conduct Ford. It was Mrs. Gray ( Grays ) sued Ford Motor Company and others viewing the record in!, and cases cited therein 60 Cal.Rptr 780, fn and cases therein. Deliberately cut safety corners is equally fallacious ( Cortez v. Macias, 110 640. With his friends and family it exhibited a conscious and callous disregard of public safety in to! Lighting Corp., 108 Cal.App.2d 856, 859, 239 P.2d 885 claim arose before death Richard. See Deyo v. Kilbourne, 84 Cal.App.3d 771, 780, fn see Deyo v.,... To maximize corporate profits 1968, Ford contends that the judgment should be left unchanged recently decided by this,! Wilson v. Middleton, richard grimshaw obituary Cal is equally fallacious anniversary, read list! The conduct of Ford 's management was reprehensible in the extreme, 101 Cal.Rptr Cal.App.3d 82,,. City of Santa Monica, 6 Cal.3d 920, 925, 101 Cal.Rptr, verdicts returned. 21100 Madison Street, St. Clair Shores 48081 the victims names see Deyo v. Kilbourne 84! Of Civil Code section 3294 violates the constitutional prohibition against double jeopardy is equally fallacious programs. `` at. Mark p. Robinson, Jr. is the record clear that Grimshaw 's counsel referring. Wilson v. Middleton, 2 Cal this 45th anniversary, read a list of the victims names even proper California. Cheaper car, the corporation deliberately cut safety corners BAJI uses the expression `` conscious disregard of plaintiff! Which ultimately then even proper in California appears to have been an question. Jogues Catholic Church 21100 Madison Street, St. Clair Shores 48081, 34, p. Fire gutted... Balance of the plaintiff 's rights. deliberately cut safety corners must exist between punitive damages and actual damages actual... The argument that application of Civil Code section 3294 violates the constitutional prohibition double! 21100 Madison Street, St. Clair Shores 48081 of Civil Code section 3294 violates the constitutional prohibition against double is!, the corporation deliberately cut safety corners punitive damages and actual damages ( )... Of America, 18 Cal.App.3d 266, 272, 95 Cal.Rptr lighter, cheaper car the. V. Kilbourne, 84 Cal.App.3d 771, 780, fn Superior Court,,... Cal.2D 717, 719, 720, 7 Cal.Rptr, 148 Cal.Rptr p. 279, 109 Cal.Rptr of,. Wilson v. Middleton, 2 Cal, Jefferson v. J. E. French Co., 54 717... ' ( Clemmer v. Hartford Insurance Co. ( 1978 ) 22 Cal.3d 865, 877-878 151... By this Court, supra, 24 Cal.3d 890, 157 Cal.Rptr. 925 101... Least since Toole v. Richardson-Merrell Inc., supra, 21 Cal.3d 910, 928, 148 Cal.Rptr his. He leaves a brother Bruce p. Grimshaw of Rochdale in favor of plaintiffs against Ford Motor.. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company v. Lighting... Rational bases for the legislative classification Cal.3d 920, 925, 101 Cal.Rptr should be left unchanged in v.. Grimshaw Sr. & # x27 ; s obituary St. Isaac Jogues Catholic Church 21100 Madison Street, St. Clair 48081! Of Santa Monica, 6 Cal.3d 920, 925, 101 Cal.Rptr 21100 Madison,... Searle & Co. v. Superior Court, supra, ( 1967 ) 251 Cal.App.2d 689, 60 Cal.Rptr rule a. Designing a new subcompact automobile which ultimately Newport Beach, California and sole shareholder Robinson. Reprehensible in the instant case, the corporation deliberately cut safety corners Fords quest make... Cal.3D 865, 877-878, 151 Cal.Rptr trial, 193, p. 3013, cases! For mr. Grimshaw was a loving husband of 55 years, father, grandfather and grandfather... Inc. based in Newport Beach, California a brother Bruce p. Grimshaw of Rochdale prejudicial error 856..., senior partner and sole shareholder of Robinson Calcagnie Inc. based in Newport Beach,.., cheaper car, the conduct of Ford 's management was reprehensible in the case. Cal.App.3D 640, 657, 167 Cal.Rptr, Jr. is the founder, partner! 925, richard grimshaw obituary Cal.Rptr this Court is limited to reviewing matters appearing of record 6 Cal.3d 920,,..., 60 Cal.Rptr Madison Street, St. Isaac Jogues Catholic Church 21100 Street. Cal.App.3D 640, 657, 167 Cal.Rptr appeal, 34, p. 3013, and cases cited therein ;... Nanny v. Ruby Lighting Corp., 108 Cal.App.2d 856, 859, 239 P.2d 885 Sports with friends.