Alva

Alva v. Cook

Good Law
123 Cal. Rptr. 166·1975 Cal. App. LEXIS 1262·49 Cal. App. 3d 899
Court of Appeal of CaliforniaJuly 15, 1975Civ. 44587California3,235 words

Opinion

Opinion

Roth, J.

On February 16, 1973, at 3 p.m., Michael Edward Alva, accompanied by his fiance Julie Gonzales, drove his car into the driveway of premises owned by respondent sisters Wilma Cook and Mildred Pinkston, to effectuate a north to south change in travel, and was shot and killed by Malcolm Pinkston, age 62, for whom respondents provided and had for some years prior thereto provided a home on the premises. Malcolm was later convicted after a guilty plea of murder in the second degree. (Pen. Code, § 189; superior court case No. A 516 180.)

Appellants, Helen Alva, Michael Alva, and Julie Gonzales, the parents and fiancee, respectively, of deceased, as a consequence of the death resulting from the shooting sued respondents in 10 causes of action which were successively amended until a general demurrer was sustained without leave to all 10 causes (herein referred to as complaint). Appeal is from the judgment of dismissal thereafter entered.'

Appellants concede in their reply brief that the respective 10 causes, although independently stated on different theories are based on the legal principle “. . . that respondents fall. .. within the ... class of cases, [which] . . '.…

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