Quick Answer
California Code of Civil Procedure §377.60 defines eligible plaintiffs in order of priority: the surviving spouse or registered domestic partner first, then the deceased’s children, then anyone who would inherit under California intestate succession law (typically parents and siblings). Putative spouses, stepchildren, and certain financial dependents may also have standing. Only one wrongful death lawsuit can be filed per death — all eligible heirs must join the same action.
Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.
California wrongful death actions are governed by California Code of Civil Procedure §377.60. The statute creates standing for specific categories of family members and dependents to sue when someone’s death was caused by another party’s wrongful act or negligence. The eligibility rules are strict and the priority order matters: courts will not allow secondary heirs to sue if a primary heir exists and chooses not to.
The single-action rule is the most consequential procedural feature of California wrongful death. All eligible heirs must be joined in a single lawsuit, and any heir who is not joined risks being barred from recovering separately. This is why early coordination among potential plaintiffs is critical — especially in families with multiple children, blended families, or where the relationships among heirs are strained.
In our $4 million wrongful death settlement in National City, Daryoosh Khashayar coordinated the standing analysis early in the case so that all eligible family members were joined and the recovery was apportioned correctly under §377.61.
California Code of Civil Procedure §377.60 lists eligible plaintiffs in order:
The priority is not strict exclusion — a surviving spouse and surviving children typically join the same wrongful death suit together. But if a primary heir exists, secondary heirs (like the deceased’s parents) generally cannot sue on their own.
§377.60(b) creates additional standing for:
These secondary standing categories require evidence of the relationship and dependency. A skilled wrongful death attorney evaluates standing early to determine who must be joined.
The “one action rule” under California case law (San Diego Gas & Electric Co. v. Superior Court, 13 Cal.4th 893) provides that only one wrongful death lawsuit can be filed per death. All eligible heirs are required to join the action, and the recovery is apportioned under CCP §377.61 based on each heir’s individual loss.
The rule prevents defendants from being sued multiple times by different family members for the same death, but it also creates a coordination problem when family members don’t agree on who should sue or what the recovery should be. Heirs who are not joined typically lose their recovery rights. Courts have limited equitable relief for heirs who were not notified of the suit.
Minor children of the deceased are eligible plaintiffs, but they cannot bring suit on their own. A guardian ad litem (GAL) is appointed by the court to represent the minor’s interest in the litigation. The GAL is typically a parent, close relative, or independent attorney. Any settlement involving a minor requires court approval under California Probate Code §3500 to ensure the minor’s share is properly protected (often placed in a blocked account until age 18).
This FAQ relates to our Wrongful Death practice. For a free consultation to determine standing in your case, call (858) 509-1550.