Desplancke v. Wilson

Opinion

WOODS (Fred), J.

Under Code of Civil Procedure 1 former section 377 may adult children maintain an action for the wrongful death of their parent if the parent’s entire estate is community property bequeathed to the other parent, the surviving spouse? Our answer is yes. Accordingly we reverse the summary judgment awarded respondents. We also modify the trial court’s order awarding costs.

Factual and Procedural Background

On April 21, 1986, George Desplanche (decedent) fell on a construction site stairway. He died five days later.

Two actions were filed: a wrongful death complaint by his…