CALIFORNIA FAMILY LAW
...Unmarried Cohabitors
......Tort Actions
.........Wrongful Death
4 Cards On This Topic:
  • Although registration as DPs was a prerequisite for standing under 2002 version of the wrongful death statute, 2005 version afforded P standing to sue.
  • Legislature had rational bases for extending right to sue for wrongful death to survivors of registered "domestic partnerships," who are legally prevented from marrying, but not to cohabiting unmarried couples who can marry.
  • Deceased's Mex. concubine had no standing to sue under Cal.'s wrongful death statute as she was not wife or domestic partner, nor was concubinage equivalent to CL marriage.
  • Notwithstanding apparently imminent marriage, unmarried cohabitor may not pursue wrongful death action.