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SARGENT v. GOLDBERG

Docket No. 39220.

25 Cal.App.3d 940 (1972)

102 Cal. Rptr. 300

KATHRYN M. SARGENT, Plaintiff and Appellant, v. HERMAN GOLDBERG, Defendant and Respondent.

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

May 24, 1972.

Attorney(s) appearing for the Case

COUNSEL

Franklin Bell Gassman for Plaintiff and Appellant.

Murchison, Cumming, Baker & Velpmen and Joseph Di Giulio for Defendant and Respondent.

OPINION

ALLPORT, J.

Plaintiff appeals from an order of dismissal made pursuant to Code of Civil Procedure section 581, subdivision 3 following the sustaining of a demurrer to her amended complaint for wrongful death without leave to amend.

It is alleged in the amended complaint as follows:

"IV

"That on the 16th day of August, 1970, in the morning thereof, the...

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