Sanders

On January 1, 1965, Ira Sanders died as a result of being struck by an automobile driven by defendant James Clarence Fuller. Surviving the deceased were his widow, Opal Sanders, and two minor children of a previous marriage, Philip Sanders and Rita Sanders. Also surviving him were two adult children, Frank Sanders (also known as Frank Ferguson) and Gary Sanders (also known as Gary Ferguson) of an even earlier marriage.

On December 24, 1965, the deceased’s widow, Opal Sanders, as permitted by Code of Civil Procedure section 377, commenced the instant wrongful death action. Consent of the remaining heirs, the four children, apparently being unobtainable, they were named as defendants under the provisions of Code of Civil Procedure sections 382 and 389.

On July 14, 1967, the minor children heirs, defendants Philip Sanders and Rita Sanders, filed their cross-complaint in the action seeking damages from the alleged tortfeasor, defendant Fuller. Also joined as cross-defendants, under the aforementioned provisions of Code of Civil Procedure sections 382 and 389, were their half brothers, defendants Frank Sanders and Gary Sanders. The two minor children, who have since reached…