Phraner v. Cote Mart, Inc.

Opinion

WALLIN, J.

In this case, we decide an adopted child does not have standing to bring an action for the wrongful death of her biological mother and affirm summary judgment for defendants.

Julia Phraner was bom February 18,1987, to Cathie Todd and taken home by her adoptive parents, the Phraners, two days later. By September, Julia’s adoption was final, but the Phraners agreed that Todd could maintain a relationship with Julia. Although Julia never lived with Todd, she did see her twice a year, and they exchanged letters and phone calls. Todd provided no financial support, nor was she expected to do so in the future.

Todd died in August 1993 when she lost control of her motorcycle and was struck by a car. Julia joined Todd’s husband in bringing a wrongful death action against several defendants, including Cote Mart, Inc. Cote Mart moved for summary - judgment against Julia, claiming she did not have standing to assert a wrongful death action.

A cause of action for wrongful death is created by Code of Civil Procedure section 377.60.

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It provides in pertinent part: “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 . . . : [H (a) The decedent’s surviving spouse, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse, who would be entitled to the property of the decedent by intestate succession.” Because an action for wrongful death is governed solely by statute, “the right to bring one is limited only to those persons described by the Legislature in section [377.60]. [Citations.] Absent a constitutional basis for departure from legislative intent, the courts of this state are bound

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by the statute’s provisions. [Citation.] The category of persons eligible to bring wrongful death actions is strictly construed.”

(Marks

v.

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