Adams v. Superior Court
196 Cal. App. 4th 71
Cal. Ct. App.2011Background
- Plaintiff Nancilee Adams, administrator of James C. Adams’s estate, filed survival and wrongful death claims alleging negligence, elder abuse, and willful misconduct.
- Adams admitted she did not represent decedent’s heirs in the action.
- Defendants moved to abate under sections 377.60 and 382.1 for failure to join all decedent’s heirs; the motion was joined by other defendants.
- Trial court granted abatement based on failure to join heirs; Adams challenged the order via writ of mandate.
- The court later concluded wrongful death action should not be abated and survival actions should not be abated since survivals can be pursued by the personal representative or successor in interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the wrongful death action should be abated for nonjoinder of heirs | Adams as personal representative can sue on behalf of heirs without joining all heirs. | Heirs must be joined or joined as defendants; abatement is proper when not all heirs are joined. | Wrongful death action not abated; personal representative may prosecute for heirs. |
| Whether survival causes of action can be abated | Survival actions survive death and can be pursued by personal representative; no abatement. | Survival actions are tied to the wrongful death claim and may be abated with it. | Survival claims not abated; survivorship rights preserved by statute. |
| Whether the personal representative may proceed without joining all heirs | Personal representative acts as statutory trustee for heirs; need not join all heirs as plaintiffs. | Joinder required to bring all heirs into a single action. | Personal representative may proceed without joining all heirs. |
Key Cases Cited
- Romero v. Pacific Gas & Electric Co., 156 Cal.App.4th 211 (Cal. App. 4th Dist. 2007) (limited joinder requirements for wrongful death actions)
- Gonzales v. Southern Cal. Edison Co., 77 Cal.App.4th 485 (Cal. App. 4th Dist. 1999) (interpretation of wrongful death statute requiring all heirs to join)
- Ruttenberg v. Ruttenberg, 53 Cal.App.4th 801 (Cal. App. 2d Dist. 1997) (jets on joinder and abatement for wrongful death heirs)
- Valdez v. Smith, 166 Cal.App.3d 723 (Cal. App. 3d Dist. 1985) (heir class defined for wrongful death actions)
- Smith v. Premier Alliance Ins. Co., 41 Cal.App.4th 691 (Cal. App. 4th Dist. 1995) (heirs’ joinder in wrongful death action; actions by heirs)
- Salmon v. Rathjens, 152 Cal. 290 (Cal. 1907) (early abatement rule for incomplete heirs’ joinder)
- In re SDGE (San Diego Gas & Electric Co. v. Superior Court), 146 Cal.App.4th 1545 (Cal. App. 4th Dist. 2007) (survival vs wrongful death distinctions and abatement scope)
- Justus v. Atchison, 19 Cal.3d 564 (Cal. 1977) (foundational wrongful death statutory analysis)
- Quiroz v. Seventh Ave. Center, 140 Cal.App.4th 1256 (Cal. App. 4th Dist. 2006) (distinguishing survival actions from wrongful death actions)