Hurtado v. Superiot Court

522 P.2d 666 (1974)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The real parties in interest, the widow and children of Antonio Hurtado (Ps) commenced against Manuel Hurtado (D) and Jack Rexius (D) the underlying action for damages for wrongful death, arising out of an automobile accident occurring in Sacramento County. Antonio was riding in an automobile owned and operated by his cousin, Manuel Hurtado (D). Hurtado's (D) vehicle, while being driven along a two-lane paved road, collided with a pick-up truck, owned and operated by Rexius (D). The truck was parked partially on the side of the road and partially on the road. Antonio died as a result of the collision. Ps were, and now are residents and domiciliaries of the State of Zacatecas, Mexico. Antonio was also a resident and domiciliary of the same place. Antonio was in California temporarily and only as a visitor. All three vehicles involved in the accident were registered in California; Manuel Hurtado (D), Jack Rexius (D), and the latter's son were all residents of California. Both Ds denied liability. Hurtado (D) moved the court for a separate trial of the issue whether the measure of damages was to be applied according to the law of California or the law of Mexico. The motion was granted. The maximum amount recoverable under Mexican law would be 24,334 pesos or $1,946.72. The court ruled that it would apply a measure of damages in accordance with California law and not Mexican law. Hurtado (D) then sought a writ of mandate to compel the trial court to vacate its ruling and to issue a ruling that Mexico's limitation of damages for wrongful death be applied. Hurtado (D) moved the court for a separate trial of the issue whether the measure of damages was to be applied according to the law of California or the law of Mexico. The motion was granted. The maximum amount recoverable under Mexican law would be 24,334 pesos or $1,946.72. The court ruled that it would apply a measure of damages in accordance with California law and not Mexican law. Hurtado (D) then sought a writ of mandate to compel the trial court to vacate its ruling and to issue a ruling that Mexico's limitation of damages for wrongful death be applied. The Court of Appeal issued a peremptory writ of mandate so directing the trial court. Ps appealed and were granted certiorari by the State Supreme Court.