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In California, only certain persons are permitted to bring a wrongful death lawsuit on behalf of the decedent. Since an action for wrongful death is governed solely by statute, the right to bring the action is limited only to those persons described by the Legislature in Code Civ. Proc., § 377.60.
Generally, 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 is entitled to the property of the decedent can file suit. Cal Code Civ Proc § 377.60. |
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