What is the test for putting a spouse within the meaning of the term "spouse" in Code of Civil Procedure section 377 to bring an action for wrongful death?

California, United States of America

The following excerpt is from Estate of Sax, 214 Cal.App.3d 1300, 263 Cal.Rptr. 190 (Cal. App. 1989):

A putative spouse has been found to come within the term "spouse" in Code of Civil Procedure section 377 to bring an action for wrongful death. (Kunakoff v. Woods (1958) 166 Cal.App.2d 59, 67-68, 332 P.2d 773.)

A putative spouse has been found to be a "surviving spouse" within the meaning of Government Code sections 21363 and 21364 to claim the death benefits of her policeman husband. (Adduddell v. Board of Administration (1970) 8 Cal.App.3d 243, 247-249, 87 Cal.Rptr. 268.)

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