Cabrera v. McMullen

Opinion

CARR, J.

In this action we are asked to hold that filing suit for damages on a bona fide cause of action but under an assumed name subjects the plaintiff to dismissal on summary judgment. We decline to so rule.

[3]

Luis Cabrera, who filed suit as Bonfilio Cabrera, appeals from a judgment of dismissal entered against him after the trial court granted summary judgment in favor of defendant Kazue Annamarie McMullen.

1

Factual and Procedural Background

Christened “Luis” Cabrera in Mexico, plaintiff used the name of his brother “Bonfilio” in order to work in the United States as a farm laborer.

2

“Bonfilio,” plaintiff’s brother, lives in Mexico.

On October 16, 1986, plaintiff filed suit against defendant for damages for personal injuries allegedy resulting from a motor vehicle accident on October 25, 1985. Plaintiff sued under the name by which he was known at work, Bonfilio Cabrera. The accident in question arose out of and in the course of plaintiff’s employment and State Compensation Insurance Fund filed in the action a lien claim for medical expenses and disability payments made pursuant to the Worker’s Compensation Act to Bonfilio Cabrera. Defendant answered and discovery ensued. At his deposition, plaintiff disclosed that his true christened name was “Luis” and that he had taken his brother Bonfilio’s name as his own for purposes of working in the United States.

Defendant moved for summary judgment asserting that the plaintiff named in the complaint was the brother “Bonfilio” who resides in Mexico. No dispute existed that the brother Bonfilio in Mexico had no claim against defendant and defendant sought summary judgment on this sole ground.

In opposition, plaintiff’s counsel submitted a declaration that plaintiff had taken his brother’s name as an alias in order to work in the United States. There was no dispute. As conceded by defendant at oral argument, the person who filed the lawsuit was the person who had incurred injuries in the accident. No one was misled that a “ringer” plaintiff was being presented. Despite this, the trial court granted summary judgment. From this judgment, plaintiff timely appeals. We conclude that