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  5. 215 Cal.App.2d 719 (1963)
 

J.A. THOMPSON & SONS, INC. v. SUPERIOR COURT OF LOS ANGELES COUNTY

Docket No. 27078.

215 Cal.App.2d 719 (1963)

30 Cal. Rptr. 471

J.A. THOMPSON & SONS, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; YVONNE SEYMORE et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

May 3, 1963.

Attorney(s) appearing for the Case

McBain & Morgan, James L. Roper and Elmer O. Dockin for Petitioner.

No appearance for Respondent.

James A. Hayes for Real Parties in Interest.

KINGSLEY, J.

The facts of this case are simple. However, the point of law involved is both unique and challenging. Petitioner is one of several defendants in a wrongful death action filed by the decedent's widow on August 17, 1959. The original complaint designated the widow as the only plaintiff; however, it alleged that she was proceeding individually and on behalf of her minor son "as his natural guardian." After a demurrer to the original complaint, filed by another...

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