Rosales

After Jesus Mendoza was killed in an automobile accident in San Diego County, Mendoza’s dependents, who live in Mexico, filed a wrongful death action against Greg Alan Battle, the driver of the vehicle that struck Mendoza, and Johnson & Johnson, Battle’s employer (collectively respondents). The court granted respondents’ motion for summary adjudication as to Flor Yolanda Peralta Rosales, the mother of four of Mendoza’s children, ruling she does not have standing to sue under California’s wrongful death statute.

Rosales appeals, contending (1) the court erred in determining she was not married to Mendoza under Mexican law; (2) her status as a heir under Mexican law gives her standing to sue for wrongful death in California; and (3) if she has no standing to sue for wrongful death, then California’s wrongful death statute violates her constitutional right to equal protection. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Mendoza was killed in a car accident on February 14, 2001. Mendoza was a permanent resident of the United States, who had lived and worked in Vista during the week and had returned to his family in Tijuana, Mexico on weekends. Rosales is a Mexican citizen…