Hernandez

Plaintiff Josefina Hernandez filed an unverified third amended complaint against the City of San Jose (City) and others on October 27, 1987. The complaint sought damages due to the alleged wrongful death of plaintiff’s 15-year-old son, Robert. City filed an answer to the complaint on March 3, 1988, generally denying all allegations in the complaint. On September 10, 1991, City moved for summary judgment or summary adjudication arguing it owed no duty to Robert, any duty it had was extinguished, and there was no proximate causation between acts of City’s police officers and Robert’s death. Plaintiff opposed the motion, and a hearing was held on October 10, 1991, after which the court granted City’s motion for summary judgment. Plaintiff timely appealed from the ensuing judgment.

Plaintiff argues here that City was not entitled to summary judgment under the facts of this case. We disagree, and therefore affirm.

Factual and Procedural Background

The undisputed facts indicate that on November 16, 1985, Robert, Augustine Reyes, and Juan Reyes, were passengers in a vehicle being driven by George Interinto Orozco, Jr., around 11 p.m. The vehicle, a 1977 two-door Chevrolet,…