Garza

Garza v. Kantor

Good Law
127 Cal. Rptr. 164·1976 Cal. App. LEXIS 1199·54 Cal. App. 3d 1025
Court of Appeal of CaliforniaJanuary 29, 1976Civ. 46533California1,527 words

Opinion

Opinion

Cobey, J.

Plaintiffs, Ruben Garza, Marie Garza and Michael Anthony Garza, the minor children of coplaintiffs, Ruben Garza and Alice J. Garza, appeal by their guardian ad litem, their just-mentioned mother, from a minute order striking from the first amended complaint their causes of action in which each child alleges that by reason of the negligence of defendants Stephen Kantor, M.D., A. Martino, M.D., P. Ahles, M.D. and Cerritos Gardens General Hospital, each has been deprived of the unrestricted companionship, comfort, love, affection, care and services of their aforementioned coplaintiff father to their damage in the total amount of $750,000 ($250,000 apiece).

The appeal of the three children lies since the order striking the only causes of action alleged on their behalf from the first amended complaint terminates their participation as parties litigant in the action.

The order is therefore appealable as a final judgment within the meaning of Code of Civil Procedure section 904.1, subdivision (a). (See Wilson v. Sharp, 42 Cal.2d 675, 677 [ 268 P.2d 1062 ]; Buckaloo v. Johnson, 14 Cal.3d 815, 821, fn. 3 [ 122 Cal.Rptr. 745 , 537 P.2d 865 ]; Banerian v. O’Malley, 42 Cal.App.3d…

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