The Motion for an Order of Abatement, etc., filed by Defendants Mubina Gaffar, M.D. and Nathan T. Gilmore, M.D. (in which Defendants Hoag Memorial Hospital Presbyterian and Bart Barrett, M.D., and Defendant William M. Thompson IV, M.D. join), is GRANTED.
A wrongful death action is considered joint, single, and indivisible, meaning that all heirs should join in a single action: there cannot be a series of suits for individual damages. (San Diego Gas & Electric Co. v. Sup. Court (2007) 146 Cal.App.4th 1545, 1551.) Either the decedent's personal representative on behalf of the heirs or the specified heirs (either as plaintiffs or joined defendants) may assert the wrongful death claim. (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 76-77.) Defendants on a wrongful death action in which all the heirs should have, but have not, been joined are thus entitled to move to abate the action. (Adams, supra, 196 Cal.App.4th at 77-79.)
Here, it appears that the decedent was survived by another c
Hearing Date
August 10, 2020
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The Motion for an Order of Abatement, etc., filed by Defendants Mubina Gaffar, M.D. and Nathan T. Gilmore, M.D. (in which Defendants Hoag Memorial Hospital Presbyterian and Bart Barrett, M.D., and Defendant William M. Thompson IV, M.D. join), is GRANTED.
A wrongful death action is considered joint, single, and indivisible, meaning that all heirs should join in a single action: there cannot be a series of suits for individual damages. (San Diego Gas & Electric Co. v. Sup. Court (2007) 146 Cal.App.4th 1545, 1551.) Either the decedent's personal representative on behalf of the heirs or the specified heirs (either as plaintiffs or joined defendants) may assert the wrongful death claim. (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 76-77.) Defendants on a wrongful death action in which all the heirs should have, but have not, been joined are thus entitled to move to abate the action. (Adams, supra, 196 Cal.App.4th at 77-79.)
Here, it appears that the decedent was survived by another c