What is the effect of a change in the wording of the California Family Law Act to allow a plaintiff's children to bring a claim for wrongful death?

California, United States of America


The following excerpt is from Stennett v. Miller, 245 Cal.Rptr.3d 872, 34 Cal.App.5th 284 (Cal. App. 2019):

As this court previously noted, "[t]he change in the language was not a broadening of the statute, but a mere clarification." ( Phraner v. Cote Mart, Inc. (1997) 55 Cal.App.4th 166, 170, 63 Cal.Rptr.2d 740 ( Phraner ).) The change "was intended to allow the children of a decedent to maintain an action for the wrongful death of a parent even though the parents entire estate was community property bequeathed to the surviving spouse. Essentially, those children who are not heirs only because the estate consists entirely of community property may now assert a claim." ( Ibid . )

[245 Cal.Rptr.3d 882]

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