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Navarrete v. Meyer

Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.





Cite as

2015 DJDAR 8417

Published

Jul. 22, 2015

Filing Date

Jul. 21, 2015


Filed 7/22/15 Unmodified version attached

MIRIUM NAVARRETE et al.,

Plaintiffs and Appellants,

v.

HAYLEY MEYER,

Defendant and Respondent.

 

No. D067454

(Super. Ct. No. RIC1100243)

California Courts of Appeal

Fourth Appellate District

Division One

Filed July 22, 2015

 

ORDER MODIFYING OPINION

 

[NO CHANGE IN JUDGMENT]

THE COURT:

 

It is ordered that the opinion filed herein on June 22, 2015, be modified as follows:

On page 8, second paragraph, line 8, the sentence beginning with ?Meyer?s complaint need only . . . ? should be changed to ?Navarette?s complaint need only . . . .?  The full sentence should now read as follows:

 

Navarette?s complaint need only meet fact-pleading requirements; it must contain ? ?[a] statement of the facts constituting the cause of action, in ordinary and concise language? ? and should ?allege ultimate facts that ?as a whole apprise[] the adversary of the factual basis of the claim.??

 

There is no change in judgment.

 

McINTYRE, Acting P. J.

 

Copies to:  All parties

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