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
(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
(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.