Dellamarggio v. WinCo Foods CA1/3
Appellant Diane Dellamarggio (Dellamarggio) filed a complaint against her now-estranged husband’s employer, respondent WinCo Foods, Inc. (WinCo), for damages she suffered as a result of an extramarital affair her husband had with another WinCo employee. The trial court sustained WinCo’s demurrer to the complaint without leave to amend on the ground that the action was barred by California’s “anti-heart-balm statute,” Civil Code, section 43.5. Dellamarggio, in propria persona, contends the statute does not apply to her case and that alternatively, she should be given the opportunity to amend her complaint. For the reasons set forth below, we shall affirm the judgment.
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