Valdez

Plaintiff, Hector Gonzales Valdez, appeals from a summary judgment in favor of defendants, Paul Howard Smith and West Transportation, Inc. The issue presented is whether plaintiff’s action is barred by the one-action rule under Code of Civil Procedure section 377.

Factual Statement

On August 27, 1972, Jose Ruben Gonzales was killed in a multiple vehicle accident on Interstate 5 in Kern County. His widow, Luz Rebeca Gonzales, on behalf of herself and as guardian ad litem of the four minor children of her marriage to the decedent, brought an action for wrongful death (action No. 126778). The complaint alleged, “Plaintiffs ... are the surviving spouse and children . . . and are the sole surviving heirs at law of decedent.” The case was settled and the action ultimately dismissed with prejudice on February 27, 1976.

On September 26, 1980, plaintiff, Hector Gonzales Valdez, through his guardian ad litem (his mother), filed the present action (action No. 169538) for damages for the wrongful death of Jose Ruben Gonzales. Plaintiff is a surviving child of decedent by a former marriage and resides in Mexico.

On January 7, 1983, summary judgment was granted in favor of…