Leong

Leong v. San Francisco Parking, Inc.

Good Law
1 Cal. Rptr. 2d 41·1991 Cal. App. LEXIS 1252·235 Cal. App. 3d 827·91 Cal. Daily Op. Serv. 8705
Court of Appeal of CaliforniaSeptember 30, 1991Docket Nos. A049421, A051199California2,803 words

Opinion

Opinion

Chin, J.

—Sang and Sau Wan Leong appeal the trial court’s orders dismissing their action against respondents San Francisco Parking, Inc. (SF Parking), the San Francisco Giants (the Giants), and the City and County of San Francisco (the City) upon the sustaining, without leave to amend, of respondents’ demurrers to the Leongs’ first and second amended complaints for wrongful death. We hold that the trial court properly sustained the demurrers because respondents are not liable as a matter of law for the death of the Leongs’ son, Norman. Moreover, since there is no possibility the Leongs can state a cause of action, it was not error to refuse to grant leave to amend. Therefore, we affirm.

Factual Background

According to the Leongs’ first amended complaint, which does not name the City as a defendant, on August 6, 1989, Godfrey Mauricio was driving a vehicle that collided with and killed their son, Norman, who was riding his bicycle at the time. In their claim against SF Parking and the Giants, the Leongs further allege that Mauricio had attended a Giants’ baseball game at Candlestick Park prior to the accident. He drank alcoholic beverages in the parking lot both before and after…

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