Fitzgibbons

This is a wrongful death action for alleged medical negligence brought by Kalesha S. Jackson, through her guardian ad litem against respondent Terrence Fitzgibbons, M.D., arising out of the death of Kalesha’s natural mother. The court granted respondent’s motion for summary judgment on the ground that Kalesha had no standing to bring an action under Code of Civil Procedure section 377.60 because the juvenile court had terminated all rights between Kalesha and her natural mother prior to the latter’s death. We affirm.

FACTS

The basic facts are not in dispute. Kalesha Jackson is the natural child of Nicole Cochran, who was not married to Kalesha’s natural father. Nicole Cochran’s parental rights as to Kalesha were terminated by the juvenile court on October 18, 1999. Nicole Cochran died on March 3, 2001, after her parental rights had been terminated but before Kalesha’s adoption by her uncle, Ronald Jackson, on July 11, 2001. Kalesha began living with her adoptive father in 1997 and has lived with him since.

PROCEDURAL HISTORY

The present action was filed on February 19, 2002. Respondent moved to dismiss the action for lack of standing based solely upon Ronald Jackson’s…