California, United States of America
The following excerpt is from Award Metals, Inc. v. Superior Court, 228 Cal.App.3d 1128, 279 Cal.Rptr. 459 (Cal. App. 1991):
The fourth cause of action is labeled "Intentional Tort." This cause of action alleges that petitioner "intentionally removed and or failed to install a power press guard in violation of Labor Code section 4558." As with the cause of action for negligence, this is merely a duplication of the fifth cause of action for violation of section 4558, with an allegation of intent tacked on. The demurrer should have been sustained as to this cause of action. (Rodrigues v. Campbell Industries, supra, 87 Cal.App.3d at p. 501, 151 Cal.Rptr. 90.)
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