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GATTUSO v. HARTE-HANKS SHOPPERS, INC.

No. B172647.

35 Cal.Rptr.3d 260 (2005)

Frank GATTUSO et al., Plaintiffs and Appellants, v. HARTE-HANKS SHOPPERS, INC., Defendant and Respondent.

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

October 27, 2005.

Attorney(s) appearing for the Case

Hollins Schechter, Andrew S. Hollins, Kathleen M. Kushi Carter and Jeffrey R. Gillette, Santa Ana, for Plaintiffs and Appellants.

Seyfarth Shaw, Raymond R. Kepner, Ann Haley Fromholz and John A. Van Hook, Los Angeles, for Defendant and Respondent.

MALLANO, J.

Plaintiffs Frank Gattuso and Ernest Sigala brought an action on behalf of themselves and other employees of defendant Harte-Hanks Shoppers, Inc. (Harte-Hanks) seeking indemnification under Labor Code section 2802 for expenses incurred in using their personal automobiles in the discharge of their employment duties. Labor Code section 2802 (section 2802) provides in pertinent part: "(a) An employer shall indemnify his or her employee for all necessary expenditures...

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