Lopez
Estate of MacIas v. Lopez
Opinion
Opinion
Jensen, J.
ORDER
On December 23, 1998, the Court heard argument on defendants’ motion for summary judgment. Michael D. Senneff appeared on behalf of defendants, and Richard A. Seltzer and Dennis Cunningham appeared on behalf of plaintiff. Having considered the arguments of counsel, the papers submitted, the applicable law and the record in this case, the Court hereby GRANTS defendants’ motion.
I. BACKGROUND
A. Factual Background
The deceased, Maria Teresa Macias, was shot and killed by her ex-husband Avelino Macias on April 15; 1996. Mr. Macias followed Ms. Macias to her place of employment, in the city of Sonoma, where he killed her and shot and injured her mother, Sara Hernandez, before shooting and killing himself. This action was brought by Ms. Macias’s successors in interest, her minor children, who are represented by their Guardian, Sara Hernandez (“plaintiff’), who also brought suit on her own behalf for the injuries she sustained at the hands of Mr. Macias and for the wrongful death of her daughter.
Maria Teresa and Avelino Macias met in Mexico in 1980. They married in 1982 and settled in Sonoma County. Avelino was a legal resident of the United States, Maria Teresa was not. In…