DEMURRER TO 2ND AMENDED COMPLAINT
SET FOR HEARING ON WEDNESDAY, FEBRUARY 6, 2008 LINE 3. DEFENDANTS MARILU ANGELES, METZI HERNANDEZ AND EMELIN HERNANDEZ'S DEMURRER TO SECOND AMENDED COMPLAINT IS SUSTAINED WITHOUT LEAVE TO AMEND FOR THE REASONS STATED IN THE COURT MINUTES OF AUGUST 2, 2007. BRIEFLY, DEFENDANTS DISCHARGED THEIR DUTY TO PLAINTIFF UNDER RUTTENBERG V RUTTENBERG (1997) 53 CAL APP 4TH 801. THIS IS DEMONSTRATED BY PLAINTIFF'S ACTIVE PARTICIPATION IN THE UNDERLYING LITIGATION. THE DELAY IN SERVING PLAINTIFF DID NOT IMPEDE HER ABILITY TO ASSERT HER RIGHTS AS TO THE ECONOMIC BENEFITS FOR THE HARM CAUSED TO HER BY THE LOSS OF HER FATHER. =(302/PJM/AY)
Hearing Date
February 06, 2008
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DEMURRER TO 2ND AMENDED COMPLAINT
SET FOR HEARING ON WEDNESDAY, FEBRUARY 6, 2008 LINE 3. DEFENDANTS MARILU ANGELES, METZI HERNANDEZ AND EMELIN HERNANDEZ'S DEMURRER TO SECOND AMENDED COMPLAINT IS SUSTAINED WITHOUT LEAVE TO AMEND FOR THE REASONS STATED IN THE COURT MINUTES OF AUGUST 2, 2007. BRIEFLY, DEFENDANTS DISCHARGED THEIR DUTY TO PLAINTIFF UNDER RUTTENBERG V RUTTENBERG (1997) 53 CAL APP 4TH 801. THIS IS DEMONSTRATED BY PLAINTIFF'S ACTIVE PARTICIPATION IN THE UNDERLYING LITIGATION. THE DELAY IN SERVING PLAINTIFF DID NOT IMPEDE HER ABILITY TO ASSERT HER RIGHTS AS TO THE ECONOMIC BENEFITS FOR THE HARM CAUSED TO HER BY THE LOSS OF HER FATHER. =(302/PJM/AY)