(DOWNLOAD) "Girard v. Monrovia City School District" by Second Appellate District, Division One District Court Of Appeal Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Girard v. Monrovia City School District
- Author : Second Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 08, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Gerald Girard, aged 9, a pupil at Monroe Elementary School in the Monrovia City School District, was struck and instantly killed by automobile operated by defendant Delores L. Hall. At the time he was struck Gerald was returning home from school and was in a marked pedestrian crosswalk on Huntington Drive. His parents brought an action for wrongful death against the driver of the automobile and also against Monrovia City School District and Azusa City School District. Each of the defendant school districts filed a demurrer to the complaint, and each demurrer was sustained without leave to amend. Two judgments were thereupon entered, one, on October 16, 1952, in favor of Azusa City School District, and one on October 22, 1952, in favor of Monrovia City School District. On December 8, 1952, plaintiffs filed a notice of appeal "from that certain judgment in favor of the above named defendants, and against plaintiffs, made and entered in the above entitled Court on the 16th day of October, 1952, in Judgment Book 2446, Page 302." The judgment in favor of Monrovia City School District was entered in Judgment Book 2450, page 72. The latter school district has moved to dismiss the appeal as to it, upon the ground that no appeal was taken from the judgment in its favor. The notice of appeal refers to the judgment "in favor of the above-named defendants." The notice was addressed to and served upon both school districts. The notice to the clerk to prepare the transcript on appeal stated that plaintiffs had appealed from "that certain judgment entered in favor of defendants Monrovia City School District, and Azusa City School District." Counsel for appellants states in his affidavit: