Later courts went against this
Abrogated by statute, as recognized in SeaBright Insurance v. US Airways, Inc.
69 Cal.2d 442, 446 , abrogated by statute on other grounds as stated in SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 602
The opinion
McCOMB, J.
I dissent. I would affirm the judgment for the reasons expressed by Mr. Presiding Justice Molinari in. the opinion prepared by him for the Court of Appeal in Maloney v. Rath (Cal.App.) 65 Cal.Rptr. 386 .