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MORRIS v. DE LA TORRE

No. S119750.

30 Cal.Rptr.3d 173 (2005)

36 Cal.4th 260

113 P.3d 1182

Charles E. MORRIS IV, Plaintiff and Appellant, v. Silvino DE LA TORRE, Defendant and Respondent.

Supreme Court of California.

June 30, 2005.

Attorney(s) appearing for the Case

Estey & Bomberger and Stephen J. Estey, San Diego, for Plaintiff and Appellant.

Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Daniels, Fine, Israel & Schonbuch, Mark R. Israel; Clements & Knock, Thomas V. Clements, Debra A. Stevens, San Diego, and Michael M. Linley, for Defendant and Respondent.

Deborah J. La Fetra and Paul J. Beard II, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

GEORGE, C.J.

As observed in the companion case, Delgado v. Trax Bar & Grill (June 30, 2005, S117287) 36 Cal.4th 224, 30 Cal.Rptr.3d 145, 113 P.3d 1159, 2005 WL 1529656 (Delgado), courts long have recognized that businesses such as restaurant proprietors have a "special relationship...

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