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office space. Smith used petitioner’s file cabinet, photocopier,
stationery, computer, and computer printer to perform tasks for
petitioner. Smith performed general typing, answered the
telephone, did bookkeeping, helped track expenses and pay bills,
ran errands, filed papers in court, and filed records for
petitioner. Smith answered petitioner’s telephone when she was
in the office, although she shared this responsibility with the
receptionist of the office space that petitioner rented.
Petitioner requested that Smith type mailing labels, form letters
for medical records, disputed billing letters, Judicial Council
forms, lists of closed cases, and billing statements. Smith did
not type any pleading for petitioner. Petitioner would review
Smith’s work for errors, and he instructed her to review his work
for errors. Smith also prepared invoices to be mailed to
clients.
Petitioner controlled the errands that Smith ran for
petitioner. Smith also purchased supplies for petitioner.
Petitioner reimbursed her for expenses that she incurred.
Petitioner controlled the method of handling his incoming
and outgoing office mail. Smith opened the incoming mail for
petitioner but did not sort it or discard any unsolicited mail.
If petitioner received a bill, he would place a note on it and
place it in the pile for unpaid bills. Smith paid the bills when
she was in the office. Smith handled outgoing mail. Petitioner
directed Smith as to whether to send mail by certified mail,
express mail, return receipt requested, or regular mail.
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Last modified: May 25, 2011