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HOUSE v. STATE OF CALIFORNIA

Docket No. 5679.

119 Cal.App.3d 861 (1981)

174 Cal. Rptr. 279

DON EMERY HOUSE et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

May 7, 1981.

Attorney(s) appearing for the Case

COUNSEL

Alexander M. Wolfe for Plaintiffs and Appellants.

George Deukmejian, Attorney General, John M. Morrison, Carol Hunter, Deputy Attorneys General, Martin, Crabtree, Schmidt & Zeff and Thomas D. Zeff for Defendants and Respondents.

OPINION

ZENOVICH, J.

This appeal concerns two issues: (1) whether appellants failed in showing that an employee of the State Board of Control (Board) was an ostensible agent for the State of California (State) so as to estop the State from asserting the three-year provision relating to service of a summons; and (2) whether the trial court abused its discretion in dismissing the action against defendants City of Manteca, Thompson and...

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