Mayerhoff

In 1971, section 377 of the Code of Civil Procedure, as pertinent to this appeal, read as follows: “When the death of a person . . . is caused by the wrongful act . . . of another, his heirs, and his dependent parents, if any, who are not heirs, or personal representatives on their behalf may maintain an action for damages against the person causing the death. .. .” The underlined words were added by amendment in 1968. Prior to 1968, California decisional law held that only one action could be brought for the wrongful death of a person thereby preventing multiple actions by individual heirs and the personal representative. (See Robinson v. Western States Gas etc. Co., 184 Cal. 401, 410 [ 194 P. 39 ]; Salmon v. Rathjens, 152 Cal. 290, 294 [ 92 P. 733 ]; Daubert v. Western Meat Co., 139 Cal. 480, 481 [ 69 P. 297 , 73 P. 244 ]; and Munro v. Dredging etc. Co., 84 Cal. 515, 522 [ 24 P. 303 ].)

The primary issue in this case is whether the 1968 amendment gives a separate and independent cause of action to the dependent parents that does not require a consolidation with the action of the heirs or personal representative. We hold that it does not.

The facts behind this issue…