Marks v. Lyerla

Opinion

STONE (S. J.), P. J.

Appellant Marilyn Marks argues that she is entitled to bring this wrongful death action for the alleged murder of her granddaughter by the child’s mother. We disagree in this case of first impression.

Appellant is only a potential heir of the decedent under the California intestate succession scheme. The alleged murderer is the decedent’s sole heir and, as such, is the only person statutorily authorized to bring an action for the decedent’s wrongful death.

Facts

On July 27, 1989, 15-month-old Kajsa Lyerla (the decedent) drowned in a fish pond on the property of her…