Legal Opinion · Concurrence

Arizmendi v. System Leasing Corp.

California Court of Appeal

Decided March 2, 1971No. Civ. 36437Published

1ConcurrenceStephens, J.

I concur.

The cases of Levy v. Louisiana, 391 U.S. 68 [20 L.Ed.2d 436, 88 S.Ct. 1509] and Glona v. American Guar. & L. Ins. Co., 391 U.S. 73 [20 L.Ed. 2d 441, 88 S.Ct. 1515] compel the holding that in wrongful death actions “it is invidious to discriminate against them [illegitimate children] when no action, conduct, or demeanor of theirs is possibly relevant to the harm that was done the mother [natural parent],” (Levy v. Louisiana, 391 U.S. at p. 72 [20 L.Ed.2d at p. 440].) The wrongful death statute1 is strictly a creature of *740legislation (Fuentes v. Tucker, 31 Cal.2d 1, 9 [187 P.2d 752]),…

2Cases cited5 opinions

  1. Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
  2. Glona v. American Guarantee & Liability InsuranceSupreme Court of the United States · 1968
  3. Fuentes v. TuckerCalifornia Supreme Court · 1947
  4. Kunakoff v. WoodsCalifornia Court of Appeal · 1958
  5. Jacobs v. GerechtCalifornia Court of Appeal · 1970

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