PESCOSOLIDO v. MADDOCK

Docket No. F004537.

172 Cal.App.3d 230 (1985)

218 Cal. Rptr. 165

CARL A. PESCOSOLIDO, JR., et al., Plaintiffs and Appellants, v. BEN MADDOCK, Defendant and Respondent.

Court of Appeals of California, Fifth District.

September 17, 1985.


Attorney(s) appearing for the Case

COUNSEL

Littler, Mendelson, Fastiff & Tichy, Robert K. Carrol and Spencer H. Hipp for Plaintiffs and Appellants.

Diana Lyons, Ellen J. Eggers, Daniel A. Garcia, Ira L. Gottlieb and Wendy Sones for Defendant and Respondent.


OPINION

BEST, J.

Plaintiffs appeal a judgment of dismissal following the sustaining of defendant Ben Maddock's general demurrer to plaintiffs' complaint. The demurrer was on the ground: "The complaint fails to state a cause of action for which relief can be granted, since defendant Maddock cannot be sued in his individual capacity as an agent of the UNITED FARM WORKERS OF AMERICA, AFL-CIO."

In sustaining the demurrer without...

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