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WELCH v. STATE

No. F033421.

100 Cal.Rptr.2d 430 (2000)

83 Cal.App.4th 1374

Mary WELCH, Plaintiff and Appellant, v. STATE of California et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

August 30, 2000.

Attorney(s) appearing for the Case

Damrell, Nelson, Schrimp, Pallios & Ladine, Duane L. Nelson, Modesto, and Lisa W. Chao, for Plaintiff and Appellant.

William M. McMillan, Sacramento, Brelend C. Gowan and William R. Morrisroe, Sacramento, for Defendants and Respondents State of California and California Department of Transportation.

Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, Margaret A. Rodda, Assistant Attorney General, Darryl L. Doke and William A. Krabbenhoft, Deputy Attorneys General, for Defendants and Respondents California Highway Patrol and California Conservation Corps.

OPINION

LEVY, J.

This appeal concerns whether plaintiff and appellant, Mary Welch, has standing as a putative spouse to prosecute a wrongful death action against defendants and respondents, the State of California and the California Department of Transportation. Appellant alleged she qualified as a putative spouse because she believed, in good faith, that she and the decedent were validly married. However, the trial court found that this subjective belief...

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