California Court of Appeal

In wrongful death suit brought by plaintiff father, whose son was killed in an accident involving defendant, after mother settled with defendant in separate action that named plaintiff as a nominal defendant, sustaining of demurrer is reversed where a tortfeasor waives the protection of the one action rule when it enters into a settlement of a wrongful death action that does not include an heir who has been made a nominal defendant in the action under Code of Civil Procedure section 382, but has not been served.

Appellate Information

• Decided 10/18/2007
• Published 10/18/2007

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kevin G. Farnworth, for Plaintiff and Appellant.


• For Appellees:
  
• Ryan & Fong, Marla R. Weston, for Defendant and Respondent.