Centinela Hospital Medical Center v. Superior Court

Real Party in Interest Jesse Willis (Willis) filed a complaint against petitioners Centinela Hospital Medical Center and Mahmoud Nouh, M.D. (jointly referred to herein as petitioners), seeking damages for the wrongful death of Ann Willis (decedent), whom Willis alleged to be his wife. (Code Civ. Proc., § 377.) Petitioners moved for summary judgment on the ground that Willis and decedent were not married and knew they were not married; hence, Willis lacked standing to sue for decedent’s alleged wrongful death. The Superior Court denied petitioners’ motion, and we issued an alternative writ.

Factual and Procedural History

On November 11, 1987, decedent came to Centinela Medical Center, was examined by Dr. Nouh, and was discharged. Decedent died later that day of hypertensive heart disease. Decedent’s certificate of death identifies her as “Ann McCoy” and lists her marital status as “divorced.”

On April 21, 1988, Willis filed his complaint for wrongful death, alleging that decedent’s death was due to petitioners’ medical negligence. He further alleged that he was the decedent’s husband and her heir at law. Willis did not allege he was dependent on decedent at the time of…