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Case Name | Soil Engin. Constr., Inc. v. Super. Ct. | |
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Date | 10/06/1982 | |
Note | Superior Court lacked jurisdiction (exclusive remedy rule) even though no recovery by parents as nondependent heirs. | |
Citation | 136 Cal.App.3d 329 | |
WCC Citation | WCC 25621982 CA |
SOIL ENGINEERING CONSTRUCTION, INC. , Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; EDWARD MORRILL et al. , Real Parties in Interest. Petitioner contends that respondent court lacks jurisdiction over the subject matter of the action. Real parties are plaintiffs in an action brought in their capacity as nondependent heirs and personal representatives of the deceased employee, their son Edward Francis Morrill. [¶] (c) Where the injury is proximately caused by the employment, either with or without negligence. '[¶] (b) A death benefit, to be allowed to the dependents when the employee leaves any person dependent upon him for support. '
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