Sanchez v. Rojas CA2/2

Filed 11/24/25 Sanchez v. Rojas CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

GRACIELA PEREZ SANCHEZ, B338298 (Los Angeles County Plaintiff and Appellant, Super. Ct. No. 21STCV25871)

v.

NOEL ROJAS,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Huey P. Cotton, Jr., Judge. Affirmed.

Singleton Schreiber and Benjamin I. Siminou; The Homampour Law Firm, Arash Homampour, Danielle Lincors, and Carolina E. Almenar; Salamati Law Firm and Sean F. Salamati for Plaintiff and Appellant.

McNeil Tropp & Braun, Jeff I. Braun and Stephen P. Reider for Defendant and Respondent.

Plaintiff and appellant Graciela Perez Sanchez (appellant) appeals from the trial court’s judgment following defendant and respondent Noel Rojas’s (respondent) successful demurrer. Appellant contends the California Supreme Court’s decision in Elden v. Sheldon (1988) 46 Cal.3d 267 (Elden) wrongly precludes unmarried cohabitants from suing for loss of consortium and negligent infliction of emotional distress (NIED). As this court is bound by Elden, we affirm.

BACKGROUND The traffic collision In February 2021, Genaro Hinojosa Luevano (Hinojosa) was driving a truck with a trailer going southbound on Sepulveda Boulevard. Hinojosa stopped the truck when he noticed a loud noise and sparks coming from the vehicle. The trailer had become detached and lain in the middle of the road. Hinojosa attempted to reattach the trailer. A nearby pedestrian, Hector Alvear, was walking with appellant and their daughter, Lizette Alvear.1 Hector volunteered to assist Hinojosa reattach the trailer to the truck. Respondent was traveling southbound on Sepulveda Boulevard towards Hinojosa’s truck. Rojas collided with the trailer while Hector and Hinojosa were attempting to reattach it to the truck. Hinojosa was able to evade the impact, but Hector was stuck between the truck and the trailer and suffered catastrophic injuries. Appellant and Lizette both witnessed the incident. Appellant passed out and was hospitalized.