Wagner

Plaintiff Sharon Wagner appeals a judgment favoring the County of Imperial (County) on her complaint for Clifton Wagner’s wrongful death.

In October 1976, Sharon and Clifton exchanged personal marriage vows. At Clifton’s request, Sharon promised to take his name, be his wife, love him, have his children and live with him all their lives in sickness and health. Sharon and Clifton began living together and held themselves out as a married couple. In May 1977, their son was born. Sharon and Clifton lived together with their son until Clifton was killed in a traffic accident in October 1978.

Alleging she was Clifton’s surviving putative spouse, Sharon sued the County under Code of Civil Procedure section 377 for wrongfully causing his death by maintaining its property in a dangerous condition. Under section 597 the court ordered a separate trial on the issue whether Sharon was Clifton’s putative spouse; the parties waived jury trial on such issue. After trial the court found Sharon was dependent on Clifton and believed in good faith she was validly married to him. The court also found the relationship between Sharon and Clifton was a void or voidable common law marriage.…