Pelosso v. Cedar Lodge
Filed 3/16/06 Pelosso v. Cedar Lodge CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| JOSE PELOSSO et al., Plaintiffs and Appellants, v. CEDAR LODGE, LLC et al., Defendants and Respondents. |
F045942
(Super. Ct. No. 640932)
OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Hilary Chittick, Judge.
Steven A. Fabbro and Horacio Martinez Baca, for Plaintiffs and Appellants.
McCormick, Barstow, Sheppard, Wayte & Carruth, Michael G. Woods and Deborah A. Byron, for Defendants and Respondents.
-ooOoo-
On the night of February 15, 1999, an assailant gained access to room 509 of the Cedar Lodge, a motel near Yosemite National Park, and murdered the room's three occupants. One of the victims was 15-year-old Silvina Pelosso. This action is a civil action brought by Silvina Pelosso's parents and heirs (appellants) against the owners and operators of the Cedar Lodge (respondents). Appellants' first amended complaint included a cause of action for wrongful death, and a Code of Civil Procedure section 377.34 survival cause of action for damages suffered by the victim prior to her death. Both causes of action allege in essence that respondents' negligence caused the attack on and killing of the decedent.
Respondents moved for summary judgment. Their notice of motion stated: â€
