Adams v. Superior Court

*74Opinion

MOSK, Acting P. J.

INTRODUCTION

Petitioner and plaintiff filed a petition for a writ of mandate seeking to vacate respondent trial court’s order abating plaintiff’s wrongful death and survival causes of action because plaintiff, decedent’s representative, did not join all known heirs under Code of Civil Procedure sections 377.60 and 382.1 We hold that the trial court erred in abating plaintiff’s wrongful death cause of action and survival causes of action. Accordingly, we grant the petition for writ of mandate.

BACKGROUND

Plaintiff Nancilee Adams (plaintiff) filed her complaint as the…