Welch

This appeal concerns whether plaintiff and appellant, Mary Welch, has standing as a putative spouse to prosecute a wrongful death action against defendants and respondents, the State of California and the California Department of Transportation. Appellant alleged she qualified as a putative spouse because she believed, in good faith, that she and the decedent were validly married. However, the trial court found that this subjective belief was objectively unreasonable. Consequently, summary adjudication was granted in respondents’ favor on the ground that appellant was not a putative spouse.

Appellant argues that the determination of whether she believed, in good faith, that she was validly married is dependent on certain triable issues of material fact. However, the trial court correctly evaluated this case. The undisputed facts would not cause a reasonable person in appellant’s position to harbor such a belief.

Statement of the Case and Facts

Leonard Welch was killed when a large tree growing along State Route 99 fell onto the highway and hit Welch’s pickup truck. Appellant thereafter filed a complaint for wrongful death alleging she was entitled to maintain the…