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4023 Without evidence that Best Western International controlled the operation of individual Best Western hotels or did anything to create an impression that might result in ostensible or apparent agency, it could not be liable for violations of Proposition 65 by individual Best Western hotels; vicarious liability might never be appropriate under a statute that includes a requirement of knowledge or scienter.
CONSUMER ADVOCACY GROUP v KINTETSU ENTERPRISES (Best Western) 129 CA4 540 [See: H&SC 25249.7; NicolleWagner v Deukmejian 230 CA3 652; Smith v Best Western 238 F3 998; Myszkowski v Penn Stroud 634 A2 622; Mejia v Community Hospital 99 CA4 1448, T/AT 8/02]
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