The following excerpt is from Miles, Inc. v. Scripps Clinic & Research Found., 810 F. Supp. 1091 (S.D. Cal. 1993):
Plaintiff cites several older California cases in an attempt to find another exception to this rule, but Defendant effectively distinguishes those cases. In Sime v. Malouf, 95 Cal.App.2d 82, 95, 212 P.2d 946 (1949), for example, the court cited the definition of a joint venture as
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