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BILLINGTON v. INTERINSURANCE EXCHANGE

Docket No. L.A. 29621.

71 Cal.2d 728 (1969)

456 P.2d 982

79 Cal. Rptr. 326

DOROTHY BILLINGTON, Plaintiff and Appellant, v. INTERINSURANCE EXCHANGE OF SOUTHERN CALIFORNIA, Defendant and Respondent.

Supreme Court of California. In Bank.

August 5, 1969.

Attorney(s) appearing for the Case

Bernard A. Leckie for Plaintiff and Appellant.

Edward I. Pollock, Robert E. Cartwright, Theodore A. Horn, Leo M. O'Connor and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.

Gilbert, Thompson & Kelly and Jean Wunderlich for Defendant and Respondent.

MOSK, J.

Plaintiff was injured in an automobile accident on March 20, 1962, while riding as a guest in the car of Michael James Giesler, who was defendant's insured. She filed an action alleging that Giesler was guilty of wilful misconduct and intoxication, and defendant filed an answer on Giesler's behalf, asserting plaintiff's contributory negligence and assumption of risk as defenses. Giesler failed to appear for his deposition after numerous attempts by defendant...

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