Boon

Plaintiff Donald Boon (Boon), a Los Angeles police officer, was shot and injured by defendant Reynaldo Rivera (Reynaldo) after Boon had responded to a 911 call and encountered Reynaldo, who was barricaded inside the family home. Boon and his wife, Crystal Boon, brought this action asserting various tort theories against Rivera; his wife, Milagro Rivera (Milagro); and Pinegrove Hospital, Pinegrove Hospital/Pacific Hospital, and Pinegrove Behavorial Health Systems (collectively Pinegrove).

In this appeal, we address only the causes of action by Boon and his wife against Milagro for negligence, negligent infliction of emotional distress and loss of consortium.

Procedural Setting and Statement of Facts

On July 15, 1999, the trial court sustained Milagro’s demurrer to plaintiffs’ first amended complaint without leave to amend, and thereafter signed an order dismissing the case as to Milagro. Plaintiffs appeal from the order of dismissal. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966 [ 9 Cal.Rptr.2d 92 , 831 P.2d 317 ].)

Because the case comes to us upon the sustaining of a demurrer, we accept as true the facts alleged in the complaint. (Zuniga v. Housing…