Adams

*74 Opinion

INTRODUCTION

Petitioner and plaintiff filed a petition for a writ of mandate seeking to vacate respondent trial court’s order abating plaintiff’s wrongful death and survival causes of action because plaintiff, decedent’s representative, did not join all known heirs under Code of Civil Procedure sections 377.60 and 382. 1 We hold that the trial court erred in abating plaintiff’s wrongful death cause of action and survival causes of action. Accordingly, we grant the petition for writ of mandate.

BACKGROUND

Plaintiff Nancilee Adams (plaintiff) filed her complaint as the administrator of the estate of James C. Adams, deceased (decedent), alleging negligence, willful misconduct, and elder abuse in support of both her survival claim for decedent’s injuries prior to his death, and also in support of her claim for decedent’s wrongful death. Plaintiff named as defendants real parties in interest Centinella Freeman Regional Medical Center, Daniel Freeman Hospital (CFHS Holdings, Inc.), Country Villa Health Services, Inc., Country Villa East, L.P. (as the operator of a skilled nursing facility), and Dr. Ashwani Bhardwaj (collectively defendants). 2 Plaintiff admitted she did…