MARIEL HERNANDEZ VS. MARILU ANGELES et al

Case No.: CGC07461910    

DEMURRER TO 1ST AMENDED COMPLAINT

SET FOR HEARING ON THURSDAY, AUGUST 2, 2007, LINE 12. DEFENDANTS MARILU ANGELES, METZI HERNANDEZ AND EMELIN HERNANDEZ'S DEMURRER TO FIRST AMENDED COMPLAINT: The demurrer is sustained without leave to amend. Defendants discharged their duty to plaintiff under Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801 by naming and serving plaintiff in the wrongful death action as disclosed by the complaint. Since all of plaintiff's claims turn on this alleged duty, the demurrer is sustained as to the entire complaint. In determining whether plaintiff could amend, the Court has taken judicial notice of certain pleadings in the underlying case - D, E, F and N. Those records confirm plaintiff's service of process, plaintiff's filing of a cross-complaint and plaintiff's recovery of a portion of the settlement after a contested hearing. =(302/PJM/PB)

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