Cabrera v. McMullen

Opinion

CARR, J.

In this action we are asked to hold that filing suit for damages on a bona fide cause of action but under an assumed name subjects the plaintiff to dismissal on summary judgment. We decline to so rule.

Luis Cabrera, who filed suit as Bonfilio Cabrera, appeals from a judgment of dismissal entered against him after the trial court granted summary judgment in favor of defendant Kazue Annamarie McMullen.

Factual and Procedural Background

Christened “Luis” Cabrera in Mexico, plaintiff used the name of his brother “Bonfilio” in order to work in the United States as a farm laborer.…