Lewis v. Regional Center of the East Bay

Opinion

KING, J.

In this case we hold that the Legislature restricted the right to maintain an action for wrongful death to heirs as that term is defined by the *352intestacy provisions of the Probate Code and did not intend that right to be exercised by one who became an heir by virtue of the heirs disclaiming any interest in the estate of the decedent.

I

Plaintiffs, Roy and Betty Lewis, are the paternal grandparents of the deceased minor, Robert Ralph Lewis, Jr. At the time of his death, the minor was 13 years old, had been diagnosed as moderately mentally retarded and hyperactive, and suffered…