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MUNOZ v. CITY OF PALMDALE

No. B122751.

89 Cal.Rptr.2d 229 (1999)

75 Cal.App.4th 367

Aurora MUNOZ, Plaintiff and Appellant, v. CITY OF PALMDALE, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

Review Denied December 15, 1999.

Attorney(s) appearing for the Case

Robert S. Scuderi, Los Angeles, for Plaintiff and Appellant.

Yarkmoski Law Group and John Yarmoski for Defendant and Respondent.

ORTEGA, J.

In this opinion, we consider whether an unpaid volunteer who helped serve coffee at a municipal senior center function is exempt, as a matter of law, from being considered a municipal employee for respondeat superior liability purposes. Plaintiff was injured at the senior center when a coffee pot fell from a serving shelf and spilled hot coffee on her leg. The trial court entered summary judgment for the defendant City of Palmdale (City) after concluding...

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