Nunez v. Superior Court

Opinion

BLEASE, J.

Real parties in interest are the heirs of Sylvia Montoya and are plaintiffs in a wrongful death action brought against the estate of Sylvia’s deceased spouse, Jerry Montoya. Their complaint alleged he negligently piloted a light aircraft causing it to crash, resulting in his death followed by Sylvia’s death. Petitioner answered, asserting the action was barred for failure to file a claim with the estate. Petitioner’s motion on this ground for summary judgment, which we treat as a motion for judgment on the pleadings, 1 was denied. We issued an alternative writ to consider…