Scott

Rhonda Scott appeals from the trial court’s entry of judgment dismissing her claims for wrongful death, negligence, and dangerous condition of public property stemming from a traffic accident in which an intoxicated driver killed her half brother, Michael Thompson, as he rode his bicycle in the designated lane along the Pacific Coast Highway. The trial court consolidated Scott’s suit with a similar one already filed by the decedent’s presumed father, Russel Thompson, against the driver, Tammy Jo Booth, the vehicle’s owner, Christine R. Booth, and the City of Dana Point (collectively, defendants). After consolidation, Scott amended her complaint to seek a declaratory judgment rebutting Thompson’s status as Michael’s presumed father, which would leave Scott, under various statutory provisions including the rules of intestate succession, as Michael’s sole heir entitled to sue for his wrongful death and related actions.

The trial court granted Scott’s motion to compel blood testing, which revealed Thompson was not Michael’s biological father. Thompson nevertheless sought summary adjudication of Scott’s plea for declaratory judgment, contending he remained Michael’s presumed…