Grant

Shirley Grant and James Plaza filed a complaint seeking damages for personal injuries sustained by Shirley in an automobile accident which occurred September 8, 1982, and damages for James’ loss of consortium. The second cause of action (loss of consortium) alleged: At the time of the accident plaintiffs were “unmarried cohabitants possessing every characteristic of the spousal relationship except formalization”; as a result of injuries sustained in the accident, Shirley has been unable to perform her duties as a de facto spouse; by reason thereof James has been damaged by loss of the consortium of Shirley. Defendants moved for summary judgment on the second cause of action. The motion was supported by excerpts from the depositions of plaintiffs which showed: Plaintiffs began living together on August 6, 1982; at that time James was married to Hortencia Plaza; Hortencia commenced proceedings for dissolution of her marriage to James after he moved in with Shirley; the interlocutory judgment of dissolution was entered July 8, 1983. In opposition to the motion, plaintiffs submitted declarations wherein they stated that they lived together constantly since before the…