Gonzales v. Southern California Edison Co.

Plaintiffs, Miguel and Estefanía Gonzales, appeal from summary judgment, in an action for the wrongful death of their son, granted to defendants Southern California Edison Company (Edison) and Mark and Cathy Louchheim (the Louchheims; collectively defendants) by reason of the one action rule. 1 We reverse.

Facts

Plaintiffs, residents of Mexico, are the parents of the late Andres Corona Gonzales (decedent). Decedent was electrocuted on September 20, 1996, while trimming trees at the Louchheims’ property in Beverly Hills. On February 11, 1997, decedent’s minor daughter brought a wrongful death action against defendants, through guardian ad litem Carmelina Rubalcava, her mother (hereafter the first action). On September 3, 1997, plaintiffs, together with decedent’s brother, commenced the present wrongful death action against defendants (and others, who are not parties to the judgment). The complaint alleged that plaintiffs were dependent on decedent (see Code Civ. Proc., § 377.60, subd. (b)). 2 It also referred to the pendency of the first action. Plaintiffs did not serve the original complaint on defendants.

On September 29, 1997, defendants deposed Carmelina Rubalcava…