Nieto
Nieto v. City of Los Angeles
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff Irene Nieto appeals from an order of dismissal entered after the trial court sustained without leave to amend the demurrer of defendant City of Los Angeles to her complaint asserting causes of action for quasi-intentional interference with contractual relations, negligence and breach of warranty. Defendant based its demurrer on the ground that the complaint in reality stated a cause of action for wrongful death and plaintiff lacked standing, pursuant to Code of Civil Procedure section 377, to bring such an action.
Statement of Facts
On demurrer, all material facts properly pleaded and all reasonable inferences which can be drawn therefrom are deemed admitted. (Glaire v. La Lanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915, 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ]; Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ].)
Plaintiff’s complaint discloses the following express and reasonably inferred facts: On June 27, 1980, plaintiff gave birth to a daughter. The decedent, Kenneth Randolf Ramirez, publicly acknowledged that he was the natural father of this child and provided financial and emotional support to the…