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PILKINGTON BARNES HIND v. SUPERIOR COURT

No. A080515.

77 Cal.Rptr.2d 596 (1998)

66 Cal.App.4th 28

PILKINGTON BARNES HIND, Petitioner, v. The SUPERIOR COURT for the City and County of San Francisco, Respondent; John J. Visbal, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

Rehearing Denied September 9, 1998.

Attorney(s) appearing for the Case

M. Scott Donahey, Michelle E. Lentzner, Heidi A. Quinn, Wise & Shepard, Palo Alto, for Petitioner.

No appearance for Respondent.

Robert De Vries, Carolyn Gold, Law Offices of De Vries & Gold, San Francisco, for Real Party in Interest.

PETERSON, Presiding Justice.

Petitioner Pilkington Barnes Hind (PBH), a firm which manufactures and markets contact lenses, hired real party in interest John Visbal as a managerial employee on the condition that he take and pass a drug test. The test was supposed to be administered prior to commencement of employment, but was not administered until a few days after Visbal was placed on the payroll. Visbal failed the drug test and was terminated. He then sued PBH for...

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