Aanestad

MEMORANDUM AND ORDER (1) DENYING MOTION TO DISMISS; (2) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT.

Marcy Silverberg, the decedent in Case No. 71-2227-PH, and Steven Silverberg, the decedent in Case No. 71-2228, were children of Gerald Silverberg and were two of the 109 persons killed in the crash near Toronto, Canada, of an Air Canada plane en route from Montreal, Canada, to Los Angeles, California, with a stopover at Toronto.

The plaintiff in each case is the Special Administratrix appointed for the estate of each in the Superior Court of Los Angeles County, State of California. The decedents were citizens of Canada and resided in the City of Montreal, Province of Quebec, Dominion of Canada. The two persons claiming to be heirs of each of the decedents were residents and citizens of Canada. They are Gerald Silverberg, father of both decedents Marcy and Steven Silverberg, and Katherine Brownstein, their grandmother.

According to the stipulation of facts, “The ticket booklet issued to each of the decedents contained separate tickets for flights from Montreal, Canada, to Los Angeles, California, and from Los Angeles, California, to Montreal, Canada.” (Emphasis…