California, United States of America
The following excerpt is from Wood v. DeLuca, 211 Cal.App.2d 507, 27 Cal.Rptr. 388 (Cal. App. 1963):
[211 Cal.App.2d 513] In Burnett v. Boucher, supra, the complaint, in essence, alleged that 'the defendants' owned and operated a certain automobile and that 'defendants' so negligently operated their said automobile as to cause the collision and injuries. Amendment to set up causes of action on permissive use was disapproved because the causes actually set up charged a cause under respondeat superior and the permissive use was not simply a change of theory but actually a new statutory liability. The wording of the complaint is so similar to that in the case at bar that the statement of the court respecting its sufficiency to allege agency is worthy of note. It said, 108 Cal.App.2d at page 39, 238 P.2d at page 2,
'It was, and is, conceded that the complaints were sufficient to raise the issue of agency.'
and at page 40, 238 P.2d at page 3,
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