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Keywords

lawsuitplaintiffdefendantjurisdictiondamagesappealpleamotion

lawsuitplaintiffdefendantdamagesappealcommon law

Related Cases

Ruttenberg v. Ruttenberg, 53 Cal.App.4th 801, 62 Cal.Rptr.2d 78, 97 Cal. Daily Op. Serv. 2101, 97 Daily Journal D.A.R. 3839

Facts

Harold A. Ruttenberg died on June 8, 1989, and his daughter Stacy, from a prior marriage, was not included in the wrongful death action filed by his wife and other heirs. Although the wrongful death complaint named Stacy as a nominal defendant, she was never served or notified of the action. The Ruttenberg defendants settled the wrongful death action without her knowledge, leading Stacy to file a complaint against them for damages due to their failure to join her in the lawsuit.

Stacy's complaint contained the following allegations relating to the Ruttenberg defendants. Harold A. Ruttenberg died on June 8, 1989. Within weeks of Harold's death, Stacy attempted to obtain medical records to determine the cause of death and events leading up to his death.

Issue

Did the plaintiffs in the wrongful death action have a duty to join all other heirs, and does an omitted heir have a remedy against the heirs who received the proceeds of a wrongful death suit?

This appeal raises three related issues. First, do the plaintiffs in a wrongful death action have a duty to join all other heirs in that action? Second, what constitutes proper joinder of other heirs? And third, does an omitted heir have a remedy against the heirs who received the proceeds of a wrongful death suit?

Rule

A wrongful death action is considered joint, single, and indivisible, requiring all heirs to be joined in the action. Omitted heirs are necessary parties, and plaintiffs have a mandatory duty to join all known omitted heirs.

A wrongful death action has a statutory rather than common law origin; the Legislature both created and limited the remedy.

Analysis

The court found that merely naming Stacy as a nominal defendant did not equate to proper joinder, as she was never served with the summons and complaint. The Ruttenberg defendants' failure to serve Stacy meant that the court lacked jurisdiction over her, rendering the wrongful death action ineffective against her. Consequently, the court determined that Stacy had a valid claim for damages against the Ruttenberg defendants for their omission.

We find that merely “naming” Stacy as a nominal defendant in the wrongful death action was not the equivalent of “joining” her in that lawsuit.

Conclusion

The court reversed the judgment granting the motion for judgment on the pleadings and remanded the case for further proceedings on Stacy Ruttenberg's complaint against the Ruttenberg defendants.

We conclude that the judgment must be reversed.

Who won?

Stacy Ruttenberg prevailed in the appeal because the court recognized her right to sue for damages due to her omission from the wrongful death action, which the Ruttenberg defendants failed to properly join her in.

We find that Stacy has a claim for damages against the Ruttenberg defendants for not joining her in the wrongful death action.

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