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RALPHS GROCERY CO. v. SUPERIOR COURT

No. B168257.

5 Cal.Rptr.3d 687 (2003)

112 Cal.App.4th 1090

RALPHS GROCERY COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; David Swanson, Real Party in Interest.

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

As Modified on Denial of Rehearing November 13, 2003.

Review Denied February 18, 2004.

Attorney(s) appearing for the Case

Thelen Reid & Priest, Thomas E. Hill, Los Angeles, Robert Spagat, San Francisco and Matthew C. Kane, Beverly Hills, for Petitioner.

No appearance for Respondent.

Kumetz & Glick, Fred Kumetz, Los Angeles, and Stephen Glick; Law Offices of Ian Herzog and Ian Herzog, Santa Monica; Daniels, Fine, Israel & Schonbuch, Paul R. Fine and Scott A. Brooks, Los Angeles, for Real Party in Interest.

PERLUSS, P.J.

Deducting cash and inventory shortages from the sales commissions otherwise earned by the driver of a sandwich truck is unlawful. (Kerr's Catering Service v. Department of Industrial Relations (1962) 57 Cal.2d 319, 19 Cal.Rptr. 492, 369 P.2d 20 (Kerr's); see Cal.Code Regs., tit...

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