Legal Opinion
Burgos v. Tamulonis
California Court of Appeal
Decided September 23, 1994No. D018020PublishedCited by 7 opinions
1Opinion of the Court
Opinion
TODD, Acting P. J.
Gorgonia Alvarez Burgos appeals a judgment dismissing her first amended complaint for damages for personal injury against Karen Tamulonis as personal representative of Armando Moscaritolo, deceased, after the court sustained Tamulonis’s demurrer without leave to amend. (Code Civ. Proc., 1 § 581d.) The basis for sustaining the demurrer was that the action against the personal representative was barred by the one-year after death limitation of former section 353, subdivision (b), 2 notwithstanding the fact that within one year of Moscaritolo’s death Burgos had filed the…
2Cases cited6 opinions
- Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
- Austin v. Massachusetts Bonding & InsuranceCalifornia Supreme Court · 1961
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Barrington v. A. H. Robins Co.California Supreme Court · 1985
- Radar v. RogersCalifornia Supreme Court · 1957
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3Cited by7 opinions
- Van Ort v. Estate of StanewichCourt of Appeals for the Ninth Circuit · 1996
- Jose Flores v. City of WestminsterCourt of Appeals for the Ninth Circuit · 2017
- Falahati v. KondoCalifornia Court of Appeal · 2005
- Bradley v. BreenCalifornia Court of Appeal · 1999
- Venturi v. TaylorCalifornia Court of Appeal · 1995
2 more not listed; retrieve them via the Exa API.