California Appellate Tracker

A.G. v. County of Los Angeles

December 11, 2018

A child whom the decedent raised and held out as his own child (but without ever formally adopting the child) has standing to sue for the decedent's wrongful death.

An unadopted child whom the decedent raised and held out as his own child has the standing to sue for the decedent’s wrongful death. CCP 377.60 permits children of a decedent to sue for his wrongful death. Prob. Code 6450 and 6453 provide that a parent-child relationship exists when it is presumed under Family Code 7300 et seq. Family Code 7611 provides that a presumed parent is one who receives the child into his or her home and openly holds out the child as his or her natural child, whether or not the two are biologically related. Decedent established such a relationship with the plaintiff who therefore has the standing to sue for the decedent’s wrongful death.

California Court of Appeal, Second District, Division 7 (Zelon, J.); October 1, 2018 (modified & published October 18, 2018); 28 Cal. App. 5th 373

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