NUNEZ v. SUPERIOR COURT

Docket No. 21941.

143 Cal.App.3d 476 (1983)

191 Cal. Rptr. 893

RAYMOND NUNEZ, as Administrator, etc., Petitioner, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent; AARON HOWELL et al., Minors, etc., Real Parties in Interest.

Court of Appeals of California, Third District.

May 31, 1983.


Attorney(s) appearing for the Case

COUNSEL

Memering & DeMers, James A. Honer and Michael F. Geary for Petitioner.

No appearance for Respondent.

Klein & deVries and Ronald A. Arendt for Real Parties in Interest.


OPINION

BLEASE, J.

Real parties in interest are the heirs of Sylvia Montoya and are plaintiffs in a wrongful death action brought against the estate of Sylvia's deceased spouse, Jerry Montoya. Their complaint alleged he negligently piloted a light aircraft causing it to crash, resulting in his death followed by Sylvia's death. Petitioner answered, asserting the action was barred for failure to file a claim with the estate. Petitioner...

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