Demartini

Demartini v. Marini

Good Law
1920 Cal. App. LEXIS 612·45 Cal. App. 418·187 P. 985
Court of Appeal of CaliforniaJanuary 9, 1920Civ. No. 3104.California728 words

Opinion

Lead Opinion

Waste, J.

Plaintiff, an unmarried woman, brought this action against the defendant, alleging him to be the father of .her illegitimate child, which died on September 9, 1918. Demurrer to the amended complaint was sustained without leave to amend. From the judgment thereupon entered in favor of the defendant, the plaintiff appeals.

The complaint is in four counts. The first is for the sum of $62.50, “for the care, maintenance, and support of said child during its life, the reasonable value of which” is alleged to be the sum of twenty-five dollars per month, and for five dollars paid by plaintiff for hospital expense for the child. The second count is for $142.50, the reasonable value of medical service alleged to have been “necessary in the care, maintenance, and support of the child.” The third count is for twenty dollars for the service of a trained nurse for the child during its last illness. The fourth count is for $118 funeral expenses incurred in the burial of the child.

In each of the counts, .except the first, the ability of the defendant, and the lack of ability of the plaintiff, to pay for the services is alleged. In each of the last three counts it is also alleged that “for a…

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