Zepeda

Zepeda v. City of Los Angeles

Good Law
1990 Cal. App. LEXIS 1171·223 Cal. App. 3d 232·272 Cal. Rptr. 635
Court of Appeal of CaliforniaAugust 3, 1990No. B045924California1,832 words

Opinion

Lead Opinion

COMPTON, Acting P. J.

Plaintiffs Manuel and Rosa Zepeda appeal from a judgment of dismissal entered after the trial court sustained a demurrer to their complaint. We affirm.

The record reveals that plaintiffs commenced an action against defendants City of Los Angeles (City) and Robert Rosito 1 for the wrongful death of their son Jerman. According to the allegations of the complaint, Rosito shot Jerman in the neck on February 28, 1988. Even though they were in no apparent danger, a paramedic team employed by the City purportedly refused to render medical attention or otherwise assist Jerman until the police arrived at the scene. The complaint further averred that Jerman eventually died because the paramedics breached “a duty to come to the aid of the decedent or at least make inquiry as to the status of the decedent.”

The City subsequently filed a demurrer which the trial court sustained with leave to amend. When plaintiffs elected to stand on their complaint, the court again sustained the demurrer and then dismissed the action.

Even assuming, as we must, that all of the material facts alleged in plaintiffs’ complaint are true (Loehr v. Ventura County Community College…

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