In a wrongful death action brought by the grandparents of a deceased minor, how have the courts dealt with the issue?

California, United States of America


The following excerpt is from Fraizer v. Velkura, 110 Cal.Rptr.2d 918, 91 Cal.App.4th 942 (Cal. App. 2001):

In her motion for summary judgment and supporting authority, respondent claimed the case of Lewis v. Regional Center of the East Bay (1985) 174 Cal.App.3d 350 was directly on point, but we disagree. In Lewis the grandparents of a minor decedent attempted to bring a wrongful death action because they had been declared the legal guardians of their deceased grandchild. The court concluded the grandparent had no standing to bring the action because the child's natural parents and a half-brother were alive even though the child's parents and half-brother had signed disclaimers waiving any interest in the minor's estate. The court determined that a disclaimer of interest did not also carry a waiver of all other indices of heirship. (Id. at p. 354.)

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