GILMORE v. SUPERIOR COURT

Docket No. C009964.

230 Cal.App.3d 416 (1991)

281 Cal. Rptr. 343

GERALD R. GILMORE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ALICE M. SCHMIDT, Real Party in Interest.

Court of Appeals of California, Third District.

May 21, 1991.


Attorney(s) appearing for the Case

COUNSEL

Greve, Clifford, Diepenbrock & Paras, Edward T. Clifford and William L. Baker for Petitioner.

No appearance for Respondent.

Gary G. Johnson for Real Party in Interest.


OPINION

PUGLIA, P.J.

Petitioner (defendant) seeks a writ of mandate directing respondent superior court to grant his motion for summary judgment. The underlying wrongful death action was brought by real party in interest (plaintiff) after defendant shot and killed her son, Ronald Schmidt. The premise of defendant's summary judgment motion was, inter alia, that pursuant to Penal Code...

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