Hurst v. Frazee
Rita Hurst is the widow of Everett Hurst, who died on April 5, 2004, at the age of 95. The death certificate listed the cause of death as pneumonia and senile dementia. On April 5, 2005, plaintiff acting as her own attorney, filed a complaint for wrongful death, general negligence, and intentional tort against a host of defendants. Three sets of defendants attacked the complaint by filing a collection of demurrers, a motion to strike, and an anti-SLAPP motion. (Code Civ. Proc., 425.16.) Plaintiff did not file timely opposition to any of these proceedings.
In April 2006, the trial court ruled in favor of defendants on all their motions, except the motion to strike, which was rendered moot. On April 27, the court received, without filing, plaintiffs untimely affidavit. The court subsequently filed various orders dismissing the complaint as to these defendants.
Plaintiff appeals. Because the complaint lacks any merit and is incapable of amendment, Court affirm the trial courts rulings and judgment against plaintiff.
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