RICHARD M. ORTEGA, Plaintiff and Respondent, v. KMART CORPORATION,
Defendant and Appellant.
SUPREME COURT OF CALIFORNIA
26 Cal. 4th 1200; 36 P.3d 11; 114 Cal. Rptr. 2d 470; 2001 Cal. LEXIS
8479; 2001 Cal. Daily Op. Service 10516; 2001 Daily Journal DAR 13099
December 20, 2001, Decided
Superior Court of Los Angeles County. Super. Ct. No.
YC031334. Jean E. Matushinka, Judge. Court of Appeal of California,
Second Appellate District, Division One. B131083.
Ortega v. K-mart, Inc., 83 Cal. App. 4th 175, 99 Cal. Rptr. 2d 451, 2000
Cal. App. LEXIS 661 (2d Dist. 2000)
Arnold, Frederick D. Baker and Katharine Demgen for Defendant and Appellant.
California Retailers Association and the National Association of Chain
Drug Stores as Amici Curiae on behalf of Defendant and Appellant.
Association as Amicus Curiae on behalf of Defendant and Appellant.
Law Office of Richard A. Lense and Richard A. Lense for Plaintiff and
as Amicus Curiae on behalf of Plaintiff and Respondent.
JUDGES: Opinion by Chin, J., with George, C. J., Baxter, J., Werdegar,
J., Kolkey, J., * and McDonald, J., ** concurring. Concurring opinion by
Kennard, J. (see p. 1213).
* Associate Justice of the Court of Appeal, Third Appellate District,
assigned by the Chief Justice pursuant to article VI, section 6 of the
** Associate Justice of the Court of Appeal, Fourth Appellate District,
Division One, assigned by the Chief Justice pursuant to article VI,
section 6 of the California Constitution.