Wrongful Death Complaint

Superior Court of the State of California

County of [COUNTY]

[PLAINTIFF 1], individually and as [Relationship] of Decedent;

[PLAINTIFF 2] [and/or the ESTATE OF [DECEDENT], by and through [ADMINISTRATOR/EXECUTOR], Successor in Interest (Code Civ. Proc. §377.30)]

Plaintiffs,

v.

[DEFENDANT 1], a [California Corporation], [DEFENDANT 2], and DOES 1–50, inclusive,

Defendants.

TABLE OF CONTENTS

1. Parties ............................................................................................................... 2
2. Jurisdiction and Venue ................................................................................. 3
3. General Allegations ...................................................................................... 3
4. First Cause of Action – Wrongful Death ..................................................... 5
5. Second Cause of Action – Survival Action ................................................ 7
6. Prayer for Relief ........................................................................................... 9
7. Demand for Jury Trial ................................................................................ 10
8. Verification .................................................................................................... 11

1. PARTIES

1.1 Plaintiff [PLAINTIFF 1] (“Plaintiff 1”) is an individual residing in the County of [COUNTY], State of California, and is the [spouse/child/parent] and statutory heir of the decedent, [DECEDENT] (“Decedent”).

1.2 Plaintiff [PLAINTIFF 2] is an individual residing in the County of [COUNTY], State of California, and is the [relationship] and statutory heir of Decedent.

1.3 The ESTATE OF [DECEDENT] (“Estate”) appears by and through its duly appointed [Administrator/Executor], [NAME], as successor in interest pursuant to Code Civ. Proc. §377.30.

1.4 Defendant [DEFENDANT 1] is a [type of entity] organized and existing under the laws of the State of [STATE] doing business in the County of [COUNTY], State of California.

1.5 Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 50, inclusive, and therefore sue these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege their true names and capacities when ascertained. (Code Civ. Proc. §474.)

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction because the amount in controversy exceeds $25,000 and involves personal-injury and wrongful-death claims arising under California law.

2.2 Venue is proper in this Court under Code Civ. Proc. §395(a) because the wrongful acts and omissions alleged herein occurred in this county, and/or at least one Defendant resides or does business in this county.

3. GENERAL ALLEGATIONS

3.1 On or about [DATE], at approximately [TIME], Decedent was lawfully present at [LOCATION] when Defendants, and each of them, negligently, recklessly, and/or willfully engaged in the acts and omissions described below.

3.2 [FACT-SPECIFIC ALLEGATIONS: Describe how each Defendant’s conduct caused the incident—e.g., negligent operation of a motor vehicle, medical malpractice, defective product, dangerous condition of public property, etc.]

3.3 As a direct and proximate result of Defendants’ wrongful conduct, Decedent sustained severe injuries that caused Decedent’s death on [DATE OF DEATH].

3.4 At all relevant times, Defendants owed Decedent a duty of reasonable care, breached that duty, and such breach was a substantial factor in causing Decedent’s death.

3.5 Plaintiffs, as Decedent’s statutory heirs, have suffered and will continue to suffer pecuniary loss, loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

3.6 Prior to death, Decedent incurred medical and related expenses and endured conscious pain and suffering/economic loss recoverable by the Estate under Code Civ. Proc. §377.30 and §377.34.

3.7 All conditions precedent to bringing this action have been performed, have occurred, or have been excused.

4. FIRST CAUSE OF ACTION

Wrongful Death – Code Civ. Proc. §377.60
(Against All Defendants)

4.1 Plaintiffs reallege and incorporate by reference paragraphs 1 through 3.7 as though fully set forth herein.

4.2 Under §377.60, Plaintiffs, as Decedent’s [relationships], are “persons who may recover damages” for wrongful death.

4.3 Defendants owed Decedent and Plaintiffs duties imposed by common law and statute, including but not limited to [cite specific statutory duties if appropriate—e.g., Veh. Code provisions, Health & Safety Code, etc.].

4.4 Defendants breached those duties by the acts and omissions described above.

4.5 Defendants’ breach was a substantial factor in causing the death of Decedent and consequent damages to Plaintiffs.

4.6 Damages recoverable by Plaintiffs include, without limitation:
a. Financial support Decedent would have contributed to Plaintiffs;
b. Gifts or benefits Plaintiffs would have expected to receive from Decedent;
c. Funeral and burial expenses;
d. The reasonable value of household services Decedent would have provided;
e. Loss of love, companionship, comfort, affection, society, solace, and moral support.

4.7 To the extent this action arises from professional negligence by a “health-care provider,” recovery of non-economic damages is limited pursuant to Civil Code §3333.2 to the statutory cap in effect as of the date of judgment [INSERT CURRENT CAP OR “$[CAP AMOUNT]”].

5. SECOND CAUSE OF ACTION

Survival Action – Code Civ. Proc. §377.30
(Against All Defendants)

5.1 Plaintiffs reallege and incorporate by reference paragraphs 1 through 4.7.

5.2 [ADMINISTRATOR/EXECUTOR], as personal representative and successor in interest to Decedent’s Estate, brings this cause of action on the Estate’s behalf pursuant to §377.30.

5.3 Prior to death, Decedent possessed causes of action against Defendants for the injuries that ultimately resulted in death. Those causes of action survive Decedent’s death.

5.4 As successor in interest, the Estate seeks:
a. Medical and related expenses incurred by Decedent prior to death;
b. Property damage and economic losses suffered by Decedent prior to death;
c. Punitive and exemplary damages pursuant to Civil Code §3294, to the extent permitted by §377.34;
d. [If applicable] Decedent’s pre-death pain, suffering, or disfigurement as now permitted under amended §377.34 (effective 1 Jan 2022) — [include only if criteria met; otherwise omit].

5.5 All prerequisites under §377.32 for assertion of a survival claim (including filing and service of the “Affidavit of Successor in Interest”) have been satisfied or will be satisfied concurrently with this pleading.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as follows:

A. General and special damages according to proof at trial;
B. Non-economic damages as allowed by law and subject to any applicable statutory cap;
C. Funeral and burial expenses according to proof;
D. Pre-death economic losses recoverable by the Estate;
E. Punitive and exemplary damages where legally permissible;
F. Pre-judgment and post-judgment interest at the maximum rate allowed;
G. Costs of suit herein incurred;
H. Reasonable attorneys’ fees where authorized by contract or statute;
I. Limited injunctive relief preserving evidence and/or restraining spoliation, as necessary; and
J. Such other and further relief as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Plaintiffs hereby demand trial by jury on all issues so triable. (Cal. Const. art. I, §16; Code Civ. Proc. §631.)

8. VERIFICATION

[OPTIONAL – use if verification desired or required]

I, [NAME], am the [Plaintiff/Administrator] in the above-entitled action. I have read the foregoing Complaint and know its contents. The matters stated therein are true of my own knowledge, except as to those matters that are stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [DATE], at [CITY], California.

____________________________
[NAME]
[Title/Capacity]

9. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ____________________________
[ATTORNEY NAME]
Attorneys for Plaintiffs
State Bar No. [####]
Address: [ADDRESS]
Telephone: [(###) ###-####]
Email: [EMAIL]

NOTICE REGARDING DOE DEFENDANTS AND AMENDMENT

Plaintiffs will amend this Complaint to substitute the true names of fictitiously named Defendants when ascertained.

PROOF OF SERVICE

[Attach Judicial Council form POS-010 or equivalent.]