King

Filed 8/22/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ASHLEY KING, as Personal Representative, etc., Plaintiff and Respondent, v. A163843

PACIFIC GAS AND ELECTRIC

COMPANY, et al., (City and County of San Francisco Super. Ct. No. CGC20587976) Defendants and Respondents;

ERICA MARTINEZ WASDIN,

Movant and Appellant.

We are asked to decide whether an heir 1 is categorically precluded from intervening as a matter of right (Code Civ. Proc., 2 § 387, subd. (d)(1)(B)) in a pending lawsuit filed by the personal representative of the decedent’s estate to recover damages for wrongful death (§§ 377.60–377.62). We find there is no such blanket prohibition, and an heir must be granted leave to intervene as a matter of right so long as the statutory requirements for intervention have been met.

“Heir,” as used in this opinion, means a statutorily designated person entitled to assert a cause of action for wrongful death. (Code Civ. Proc., §§ 377.60, 377.61.) All further undesignated statutory references are to the Code of Civil…