Cheyanna M. v. A.C. Nielsen Co.
Opinion
Opinion
Masterson, J.
In this wrongful death action, Cheyanna, a minor bom out of wedlock, seeks compensation for the death of her alleged father, David. Cheyanna was bom after David was killed. The trial court mled that Cheyanna lacked standing to pursue a wrongful death action because she could not establish that David was her father. Cheyanna appeals that determination. We reverse.
Background
In May 1995, David met Angela in Desert Hot Springs. David was there visiting his brother, and Angela was visiting her aunt. Neither was married. A few days after they met, David and Angela began having sexual relations. They had sexual intercourse several times over a period of approximately 11 days. David used a condom on all but one occasion.
While still in Desert Hot Springs, Angela took a home pregnancy test, which indicated that she was pregnant. Angela told David that she was pregnant. He asked her what she was going to do. She said she did not know. David told Angela that he would leave that decision up to her.
In late May or early June 1995, David left Desert Hot Springs and returned to the Los Angeles area, where he lived with his parents. Angela returned to her home in Banning. Angela…