Bock
Bock v. County of Los Angeles
Opinion
Opinion
Feinerman, J.
Plaintiff, Loren Bock (Bock), appeals from an order of dismissal entered after the demurrer by defendant, County of Los Angeles (County), to her first amended complaint was sustained without leave to amend.
In reviewing an appeal from an order of dismissal following the sustaining of a demurrer, the court must treat all contentions as true and must assume that all facts pled can be proven. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].)
The plaintiff’s complaint alleges the following facts: She states that her husband, Alton Bock, was the victim of a hit and run accident on June 14, 1980. He was taken to a hospital and died there within a few hours. Alton Bock’s body was then transported to the Los Angeles County morgue. The State of California identified the decedent as Alton Bock on or about June 23, 1980, and notified defendants County and City of Los Angeles. Plaintiff alleges, “Defendant County negligently failed to identify the remains of decedent Alton Bock, and failed to promptly notify the plaintiff of their custody and identification.” Bock claims she was in constant contact with the city and county during the…