Chavez v. Carpenter

California Court of Appeal · Torts

TortsWrongful DeathStandingDependent Parentswrongful deathstandingsurviving issueintestate succession

Facts

Altie Chavez, age 24, lived with his parents Jose and Elsa Chavez before his death and contributed money, groceries, and services to the household. He was killed in an automobile collision caused by defendant Gary Arthur Carpenter, who was driving while intoxicated. Altie was survived by his two-year-old daughter, Jazmyne, who died in an unrelated accident the next month. The parents claimed standing to sue for wrongful death both as heirs and as parents dependent on Altie's support.

Issue

Did Altie's parents have standing to sue for wrongful death either as heirs under Code of Civil Procedure section 377.60, subdivision (a), on the theory that Altie left no surviving issue, or as dependent parents under subdivision (b)?

Rule

Under Code of Civil Procedure section 377.60, subdivision (a), parents have standing as intestate heirs only if the decedent left no surviving issue; a child who outlives the decedent is surviving issue, and that child's wrongful death cause of action survives the child's later death even if no action was filed before the child died. Under subdivision (b), parents may sue if they were financially dependent, to some extent, on the decedent for the necessaries of life; dependency is a fact-specific inquiry.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Fresno, 27-year-old Leo Moreno died after a delivery truck struck his motorcycle. Leo was survived by his 8-year-old son, Mateo, who lived for three more weeks before dying of pneumonia unrelated to the crash. Leo's parents then filed a wrongful death action, arguing that because Mateo was dead before suit was filed, Leo left no surviving issue.

Do Leo's parents have standing to sue as heirs under the wrongful death statute?

Explanation. The parents lack standing as heirs if the decedent left surviving issue. A child is surviving issue if the child outlives the decedent in the ordinary sense of 'surviving.' The wrongful death cause of action arises at the decedent's death, so Mateo owned the claim when Leo died. Mateo's later death before any complaint was filed does not eliminate his status as surviving issue or revive the parents' heir standing. The majority rejected the argument that standing turns on who is alive when suit is filed.