WANG v. HORIO

No. C-89-0234-CAL.

741 F.Supp. 1373 (1989)

Chen C. WANG, Victoria R. Wang, and EIC Group, Inc., Plaintiffs, v. James HORIO, Defendant. In re the Petition of James HORIO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N.D. California.

September 12, 1989.


Attorney(s) appearing for the Case

David R. Benjamin, Robert Navarro, Bourdette, Benjamin & Weill, Martin A. Schainbaum, San Francisco, Cal., for plaintiffs.

Thomas J. Losavio, Elizabeth J. Gardner, Low, Ball & Lynch, San Francisco, Cal., for defendant.


OPINION AND ORDER

LEGGE, District Judge.

Defendant James Horio petitions the court to find and certify that he was an employee of the United States, acting within the course and scope of his employment, at the time of the incidents from which this case arises. If the petition is granted, the results are that the action then proceeds as an action against the United States; the United States is substituted as the party defendant, and can then raise all defenses...

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