Wrongful Death:


377.60.  A cause of action for the death of a person caused by the

wrongful act or neglect of another may be asserted by any of the

following persons or by the decedent's personal representative on

their behalf:

   (a) The decedent's surviving spouse, domestic partner, children,

and issue of deceased children, or, if there is no surviving issue of

the decedent, the persons, including the surviving spouse or

domestic partner, who would be entitled to the property of the

decedent by intestate succession.

   (b) Whether or not qualified under subdivision (a), if they were

dependent on the decedent, the putative spouse, children of the

putative spouse, stepchildren, or parents.  As used in this

subdivision, "putative spouse" means the surviving spouse of a void

or voidable marriage who is found by the court to have believed in

good faith that the marriage to the decedent was valid.

   (c) A minor, whether or not qualified under subdivision (a) or

(b), if, at the time of the decedent's death, the minor resided for

the previous 180 days in the decedent's household and was dependent

on the decedent for one-half or more of the minor's support.

   (d) This section applies to any cause of action arising on or

after January 1, 1993.

   (e) The addition of this section by Chapter 178 of the Statutes of

1992 was not intended to adversely affect the standing of any party

having standing under prior law, and the standing of parties governed

by that version of this section as added by Chapter 178 of the

Statutes of 1992 shall be the same as specified herein as amended by

Chapter 563 of the Statutes of 1996.

   (f) (1) For the purpose of this section, "domestic partner" means

a person who, at the time of the decedent's death, was the domestic

partner of the decedent in a registered domestic partnership

established in accordance with subdivision (b) of Section 297 of the

Family Code.

   (2) Notwithstanding paragraph (1), for a death occurring prior to

January 1, 2002, a person may maintain a cause of action pursuant to

this section as a domestic partner of the decedent by establishing

the factors listed in paragraphs (1) to (6), inclusive, of

subdivision (b) of Section 297 of the Family Code, as it read

pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior

to its becoming inoperative on January 1, 2005.

   (3) The amendments made to this subdivision during the 2003-04

Regular Session of the Legislature are not intended to revive any

cause of action that has been fully and finally adjudicated by the

courts, or that has been settled, or as to which the applicable

limitations period has run.

377.61.  In an action under this article, damages may be awarded

that, under all the circumstances of the case, may be just, but may

not include damages recoverable under Section 377.34.  The court

shall determine the respective rights in an award of the persons

entitled to assert the cause of action.

377.62.  (a) An action under Section 377.30 may be joined with an

action under Section 377.60 arising out of the same wrongful act or


   (b) An action under Section 377.60 and an action under Section

377.31 arising out of the same wrongful act or neglect may be

consolidated for trial as provided in Section 1048.

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