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August 2008 Court of Appeal Upholds Summary Judgment.
The Court of Appeal
In a published decision, the Second Appellate District of the California Court of Appeal upheld the trial court's granting of summary judgment obtained by Yoka & Smith in Mora v. Hollywood Bed. In its decision, the Court of Appeal held that a plaintiff seeking the benefits of the punch press exception under Labor Code section 4558 must establish evidence that the employer actually authorized the removal or noninstallation of the guard, and that simply alleging that the employer had knowledge of the danger and that it failed to remedy the condition is not enough to trigger liability. On September 10, 2008, the California Supreme Court denied plaintiff's petition for review and request for immediate stay.

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