Marks

Appellant Marilyn Marks argues that she is entitled to bring this wrongful death action for the alleged murder of her granddaughter by the child’s mother. We disagree in this case of first impression.

Appellant is only a potential heir of the decedent under the California intestate succession scheme. The alleged murderer is the decedent’s sole heir and, as such, is the only person statutorily authorized to bring an action for the decedent’s wrongful death.

Facts

On July 27, 1989, 15-month-old Kajsa Lyerla (the decedent) drowned in a fish pond on the property of her maternal grandfather and his wife, respondents Roger and Clare Knox (respondents Knox). Respondent Cynthia Lyerla (respondent Lyerla) is the decedent’s mother. The decedent was under her mother’s sole custody and supervision when she died.

Marilyn Marks (appellant) is the paternal grandmother of the decedent. Her son Harold Lyerla was the decedent’s father and married to respondent Lyerla. Harold Lyerla was murdered in 1988 by Victor Perea, a former employee of John Litchfield. Respondent Cynthia Lyerla is currently married to John Litchfield.

Appellant filed her complaint for wrongful death against…