Talei

Introduction

Plaintiff Hamid Talei appeals from an order of dismissal entered after the trial court sustained without leave to amend defendant’s demurrer to plaintiff’s first amended complaint.

Statement of Facts

The first amended complaint contains the following pertinent allegations:

Contentions

I

Plaintiff contends that the trial court’s construction of the seven-day notice-of-claim provision of the Warsaw Convention as applicable to bar his action in the absence of actual notice operates as a taking of property without due process of law.

II

Plaintiff asserts that the shipment at issue in his first amended complaint is not subject to the Warsaw Convention in that:

A. Destroyed goods are the equivalent of lost goods and thus are outside the terms of the convention; and

B. The present Iranian government bears no resemblance to the prior regime and hence ought not to be considered a signatory of the convention.

Discussion

Plaintiff bases this appeal solely on the provisions of the Warsaw Convention. However, defendant’s duly filed Local and Joint Air Cargo Rules Tariff No. CR-3, CAB No. 48, rule No. 23(B) contains substantially the same language as article…