Hansra

Petitioners Surinder Singh Hansra and Balbir Kaur Hansra seek a writ of mandate to compel the superior court to grant their motion for summary judgment. (Code Civ. Proc., § 437(c), subd. (l).) Petitioners, the mother and brother of Joginder Hansra, are defendants in the underlying wrongful death action. Joginder Hansra was married to Juanita Hansra. Real parties in interest, plaintiffs in the wrongful death action, are the children of Juanita Hansra and the Estate of Juanita Hansra.

Joginder Hansra shot and killed his wife, Juanita Hansra, and then killed himself. Real parties in interest (hereafter plaintiffs) filed a wrongful death action (Code Civ. Proc., § 377) alleging that petitioners (hereafter defendants) knew of Joginder’s dangerous propensities and failed to warn Juanita, or alternatively, that petitioners negligently incited Joginder to violence.

The trial court denied defendants’ summary judgment motion because they failed to controvert allegations that they had criticized, belittled and demeaned Juanita with the intent of causing marital discord, and as such there was a material factual dispute whether a special relationship existed between defendants and…