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Cuneo v. Sears

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 6, 2009

JAMES CUNEO; MARY CUNEO, PLAINTIFFS,
v.
SEARS, ROEBUCK AND CO., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

Plaintiffs move for an order, based on argument only, that would hold that the "personal reason exception" adopted in Heninger v. Dunn, 101 Cal. App. 3d 858, 864 (1980), governs the tort damages they seek in this action as a matter of law. Defendants counter that the measure of damages depends on factual determinations to be made by a jury based on the evidence presented at trial. Since an award of damages under the "personal reason exception" must be justified by the particular facts of the case and the facts have not been developed in the record, Plaintiffs' motion is denied. Braun v. Agri-Systems, 2006 U.S. Dist. LEXIS 29947, at *51 (E.D. Cal. 2006).


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