Freeman & Mills, Inc. v. Belcher Oil Co. , 11 Cal. 4th 85 ( 1995 )

KENNARD, J., Concurring.

I concur in the majority opinion except for its discussion of Hunter v. Up-Right, Inc. (1993) 6 Cal.4th 1174 [26 Cal.Rptr.2d 8, 864 P.2d 88]. In my view, Hunter has no bearing on this case because the conduct complained of by plaintiff here, unlike the conduct at issue in Hunter, does not amount to the violation of any independent duty arising from principles of tort law. Accordingly, the majority’s discussion of Hunter is unnecessary to its holding and adds nothing to the reasoning supporting that holding.

Arabian J., concurred.