Reynolds

This is an appeal from a judgment of nonsuit in a wrongful death action. The record on appeal is an agreed statement of the parties per California Rules of Court, rule 6. The litigants urge that it is a case of first impression. The issue presented is very narrowly drawn: Is a surviving “parent” of an “informally” adopted deceased minor child within the class of survivors in Code of Civil Procedure section 377 for purposes of prosecuting a wrongful death action resulting from the accidental death of the minor? The “formality” or “informality” of the adoption procedures in this case determines our answer. We detect no error on the part of the trial court, and affirm.

Procedural Background and Contentions of the Parties

Samuel O. Reynolds (Reynolds) appeals a judgment of nonsuit rendered September 13, 1984, in a wrongful death action commenced by him following the death of Samuel F. Reynolds (Samuel) who died at age 17 in an automobile accident in August of 1979 on a Los Angeles public thoroughfare.

The respondent is the City of Los Angeles (the City). Reynolds’ action was filed as WEC 63996 which was consolidated for trial with WEC 64268, another wrongful death case…