Harrod v. Pacific Southwest Airlines

[157]

Opinion

BROWN, (Gerald), P. J.

Garry S. Harrod appeals the judgment dismissing his action for the wrongful death of Paula A. Blake.

Blake died in the notorious crash of Pacific Southwest Airlines’s (PSA) flight 182 on September 25, 1978. She and Harrod had not participated in a marriage ceremony, but they had been living together since February 1977 and were engaged to be married in April 1979. They pooled their earnings while living together and had agreed to share equally the property accumulated during their relationship. About a month before Blake’s death, they bought a house, taking title in both names; both contributed to the down payment, and each agreed to contribute to the mortgage payments.

PSA and codefendant Gibbs Flite Center, Inc., demurred to Harrod’s complaint, contending he did not have a cause of action for Blake’s wrongful death because he is not her heir, as defined in section 377 of the Code of Civil Procedure. The trial court sustained the demurrer without leave to amend and dismissed the action.

Harrod unmeritoriously contends the trial court erred in dismissing his action because, as Blake’s “meretricious spouse,” he qualifies as her “heir.” Section 377, subdivision (b) defines heirs as: (1) heirs at law, or those who would take if the decedent died intestate; (2) if they were dependent on the decedent, a putative spouse, children of a putative spouse, step-children, and parents; and (3) minors who lived in the decedent’s household. The meretricious spouse of a decedent is not an “heir” who may bring an action for wrongful death under section 377

(Aspinall

v.

McDonnell Douglas Corp.

(9th Cir. 1980) 625 F.2d 325, 327;

Vogel

v.

Pan American World Airways, Inc.

(S.D.N.Y. 1978) 450 F.Supp. 224, 226 (applying California law)).

1

Harrod argues, however, section 377’s exclusion of meretricious spouses denies him equal protection of the laws. The Legislature may