Desplancke

Under Code of Civil Procedure former section 377 may adult children maintain an action for the wrongful death of their parent if the parent’s entire estate is community property bequeathed to the other parent, the surviving spouse? Our answer is yes. Accordingly we reverse the summary judgment awarded respondents. We also modify the trial court’s order awarding costs.

Factual and Procedural Background

On April 21, 1986, George Desplanche (decedent) fell on a construction site stairway. He died five days later.

Two actions were filed: a wrongful death complaint by his wife (Vesta Desplanche) and four adult children against the general contractor (Ron Wilson, Norm Wilson and Ron Wilson Construction Company) and stairway subcontractor (Robert and Nancy Shallenberger and Anvil Iron, Inc.) and a personal injury complaint by Vesta Desplanche, as special administrator of the estate, against the same defendants. The actions were later consolidated.

The general contractor moved for summary judgment. The trial court granted the motion. Appellants initially sought review of that summary judgment but, in their opening brief, abandoned such review. Accordingly, that matter is not…