This Comment explores the California Supreme Court's decision in Justus v. Atchison, which held that a common law death claim brought by a deceased's cohabitant was barred because the state's wrongful death statute barred such persons from recovering. The author examines the history of the wrongful death statute in California and the court's decision that such a claim was precluded because the state legislature had occupied the field. The author concludes that the court's holding in Justus was correct and that policy considerations militate against recognizing the cohabitant's wrongful death cause of action.
Justifying the Denial of Wrongful Death Actions to Cohabitants,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol20/iss2/8