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CRUZ v. HOMEBASE

No. B128058.

99 Cal.Rptr.2d 435 (2000)

83 Cal.App.4th 160

Victor CRUZ, Plaintiff and Respondent, v. HOMEBASE et al., Defendants and Appellants.

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

As Modified on Denial of Rehearing September 14 and September 19, 2000.

Review Denied December 13, 2000.

Attorney(s) appearing for the Case

Rushfeldt, Shelley & Drake, Sherman Oaks, Scott A. Freedman, Los Angeles; Greines, Martin, Stein & Richland, Kent L. Richland, Marc J. Poster, Beverly Hills, and Dana F. Gardner, for Defendants and Appellants HomeBase, Waban Inc., d.b.a. HomeClub/HomeBase, John Kinsel and Jose Meraz.

Haight, Brown & Bonesteel, Rita Gunasekaran, Santa Monica; Manes & Watson, Hugh R. Manes, Los Angeles, for Plaintiff and Respondent.

NEAL, J.

SUMMARY

Where a jury hearing a store patron's claims for battery, false imprisonment and malicious prosecution found for the patron on the battery claim, but hung on the others, it was proper thereafter to try only the false imprisonment and malicious prosecution claims to a second jury, with appropriate admonitions about the prior battery verdict. A corporation is not deemed to ratify misconduct...

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