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WADE v. DE BERNARDI

Docket No. 34407.

4 Cal.App.3d 967 (1970)

84 Cal. Rptr. 817

THOMAS ALLAN WADE et al., Plaintiffs and Respondents, v. DIANE LEA DE BERNARDI et al., Defendants and Appellants.

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

February 27, 1970.

Attorney(s) appearing for the Case

COUNSEL

Archbald, Zelezny & Spray and Kenneth L. Moes for Defendants and Appellants.

Siemon & Patterson, R.D. Patterson, Jr., Muller, Brazil, Woolpert, McWhinney & Duenow and E. Jeffrey Burke for Plaintiffs and Respondents.

OPINION

ALLPORT, J. —

Statement of the Case

Defendants (De Bernardi) appeal from an order granting plaintiffs (Wade) a new trial. The order granting a new trial is appealable. (Code Civ. Proc., § 904.1, subd. (d) (formerly § 963, subd. 2).) All other appeals and cross-appeals have been dismissed or abandoned.

This action for the wrongful death of Melvin Wade and personal injuries

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