Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2445Introduced by Assembly Member ReyesFebruary 19, 2020 An act to amend Section 377.60 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 2445, as amended, Reyes. Civil actions: wrongful death.Existing law specifies the persons who may bring a civil action for the death of a person caused by the wrongful act or neglect of another. Such persons include the parents of the decedent if they were dependent on the decedent. another, and includes among those persons the decedents parents if they were entitled to the decedents property by intestate secession or if they were dependent on the decedent.This bill would specify that parents includes the legal guardians of the decedent for purposes of this provision.This bill would also authorize a decedents legal guardians to bring a civil action if the decedents parents were authorized to bring a civil action but they are deceased, or if the legal guardians were dependent on the decedent and the decedents parents are deceased.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 377.60 of the Code of Civil Procedure is amended to read:377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.(1)(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(2)As used in this subdivision, parents includes the legal guardians of the decedent.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.(d) This section applies to any cause of action arising on or after January 1, 1993.(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2445Introduced by Assembly Member ReyesFebruary 19, 2020 An act to amend Section 377.60 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 2445, as amended, Reyes. Civil actions: wrongful death.Existing law specifies the persons who may bring a civil action for the death of a person caused by the wrongful act or neglect of another. Such persons include the parents of the decedent if they were dependent on the decedent. another, and includes among those persons the decedents parents if they were entitled to the decedents property by intestate secession or if they were dependent on the decedent.This bill would specify that parents includes the legal guardians of the decedent for purposes of this provision.This bill would also authorize a decedents legal guardians to bring a civil action if the decedents parents were authorized to bring a civil action but they are deceased, or if the legal guardians were dependent on the decedent and the decedents parents are deceased.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 04, 2020
Amended IN Assembly May 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2445
Introduced by Assembly Member ReyesFebruary 19, 2020
Introduced by Assembly Member Reyes
February 19, 2020
An act to amend Section 377.60 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2445, as amended, Reyes. Civil actions: wrongful death.
Existing law specifies the persons who may bring a civil action for the death of a person caused by the wrongful act or neglect of another. Such persons include the parents of the decedent if they were dependent on the decedent. another, and includes among those persons the decedents parents if they were entitled to the decedents property by intestate secession or if they were dependent on the decedent.This bill would specify that parents includes the legal guardians of the decedent for purposes of this provision.This bill would also authorize a decedents legal guardians to bring a civil action if the decedents parents were authorized to bring a civil action but they are deceased, or if the legal guardians were dependent on the decedent and the decedents parents are deceased.
Existing law specifies the persons who may bring a civil action for the death of a person caused by the wrongful act or neglect of another. Such persons include the parents of the decedent if they were dependent on the decedent. another, and includes among those persons the decedents parents if they were entitled to the decedents property by intestate secession or if they were dependent on the decedent.
This bill would specify that parents includes the legal guardians of the decedent for purposes of this provision.
This bill would also authorize a decedents legal guardians to bring a civil action if the decedents parents were authorized to bring a civil action but they are deceased, or if the legal guardians were dependent on the decedent and the decedents parents are deceased.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 377.60 of the Code of Civil Procedure is amended to read:377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.(1)(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(2)As used in this subdivision, parents includes the legal guardians of the decedent.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.(d) This section applies to any cause of action arising on or after January 1, 1993.(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 377.60 of the Code of Civil Procedure is amended to read:377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.(1)(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(2)As used in this subdivision, parents includes the legal guardians of the decedent.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.(d) This section applies to any cause of action arising on or after January 1, 1993.(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
SECTION 1. Section 377.60 of the Code of Civil Procedure is amended to read:
### SECTION 1.
377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.(1)(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(2)As used in this subdivision, parents includes the legal guardians of the decedent.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.(d) This section applies to any cause of action arising on or after January 1, 1993.(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.(1)(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(2)As used in this subdivision, parents includes the legal guardians of the decedent.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.(d) This section applies to any cause of action arising on or after January 1, 1993.(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.(1)(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(2)As used in this subdivision, parents includes the legal guardians of the decedent.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.(d) This section applies to any cause of action arising on or after January 1, 1993.(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedents personal representative on their behalf:
(a) The decedents surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedents parents.
(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. parents, or the legal guardians of the decedent if the parents are deceased.
(1)
(2) As used in this subdivision, putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(2)As used in this subdivision, parents includes the legal guardians of the decedent.
(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedents death, the minor resided for the previous 180 days in the decedents household and was dependent on the decedent for one-half or more of the minors support.
(d) This section applies to any cause of action arising on or after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.
(f) (1) For the purpose of this section, domestic partner means a person who, at the time of the decedents death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.
(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.
(3) The amendments made to this subdivision during the 200304 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.