I agree with the views of Justice Kennard explicating her dissent in Neary v. Regents of University of California (1992) 3 Cal.4th 273 [10 Cal.Rptr.2d 859, 834 P.2d 119].
Although I, too, wrote separately in Neary at p. 286), I must confess that in retrospect it appears my conclusion there—invoking the appellate court’s discretion—may. seem somewhat equivocal. It would have been preferable to have joined in Justice Kennard’s forthright dissent. I now belatedly do so.
Other than the foregoing observation, I concur in the result reached by the majority.