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Maura v. Hardwick

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Nov 14, 2012
B236399 (Cal. Ct. App. Nov. 14, 2012)

Opinion

B236399

11-14-2012

JOYCE MAURA, a Minor, etc., et al., Plaintiffs and Appellants, v. JOSEPH A. HARDWICK et al., Defendants and Respondents.

Susan M. Mogilka for Plaintiffs and Appellants. Law, Brandmeyer + Packer and Yuk K. Law; David J. Ozeran for Defendants and Respondents Joseph A. Hardwick, David L. Sincavage, Jr., and Leonard Y. Herman. Bonne, Bridges, Mueller, O'Keefe & Nichols, David J. O'Keefe, William R. Johnson, and Vangi M. Johnson for Defendant and Respondent Los Angeles Doctors Corporation, LP doing business as L.A. Metropolitan Medical Center.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County

Super. Ct. No. BC460858)

APPEAL from a judgment of the Superior Court of Los Angeles County. James R. Dunn, Judge. Affirmed.

Susan M. Mogilka for Plaintiffs and Appellants.

Law, Brandmeyer + Packer and Yuk K. Law; David J. Ozeran for Defendants and Respondents Joseph A. Hardwick, David L. Sincavage, Jr., and Leonard Y. Herman.

Bonne, Bridges, Mueller, O'Keefe & Nichols, David J. O'Keefe, William R. Johnson, and Vangi M. Johnson for Defendant and Respondent Los Angeles Doctors Corporation, LP doing business as L.A. Metropolitan Medical Center.

On May 3, 2011, Joyce Maura, Kailyn Maura, and Mathew Maura, who are minors, filed a lawsuit for loss of parental consortium arising out of alleged injury to their mother, Mayra Cerna, against defendants and respondents Joseph A. Hardwick, David L. Sincavage, Jr., Leonard Y. Herman, and Los Angeles Doctors Corporation, LP doing business as L.A. Metropolitan Medical Center. Defendants demurred and moved to strike the minors' claims pursuant to the California Supreme Court's holding in Borer v. American Airlines, Inc. (1977) 19 Cal.3d 441, 444 (Borer)[barring children's claims for loss of consortium]. The trial court sustained defendants' demurrer and dismissed the minors from the action. The minors appeal, seeking "a change in the law for minor children who are presently barred by the California Supreme Court decision in Borer . . . from recovering damages for their own losses to their parent-child relationships when one, or even both parents, suffers non-fatal injuries caused by the negligence of another."

The mother remains a plaintiff in the action.

As the parties agree, Borer, supra, 19 Cal.3d at page 444, bars the minors from asserting claims for their own losses in their parent-child relationship with their mother. We are bound by the California Supreme Court's decision. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455; Nix v. Preformed Line Products Co. (1985) 170 Cal.App.3d 975, 981 ["Decisions of the Supreme Court that have never been reversed or modified are binding [citation]; we must follow the holding in Borer. It is not the function of an intermediate court to reexamine a Supreme Court decision for the purpose of enunciating and enforcing a different rule of law"]; Tullai v. Homan (1987) 195 Cal.App.3d 1184, 1187 [the minors' contention that Borer should be reconsidered must be addressed in the Supreme Court].)

It follows that we affirm.

DISPOSITION

The judgment is affirmed. Defendants are entitled to costs on appeal.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

____________________, J.

ASHMANN-GERST
We concur: _______________, Acting P. J.

DOI TODD
_______________, J.

CHAVEZ


Summaries of

Maura v. Hardwick

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Nov 14, 2012
B236399 (Cal. Ct. App. Nov. 14, 2012)
Case details for

Maura v. Hardwick

Case Details

Full title:JOYCE MAURA, a Minor, etc., et al., Plaintiffs and Appellants, v. JOSEPH…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

Date published: Nov 14, 2012

Citations

B236399 (Cal. Ct. App. Nov. 14, 2012)