Herbert v. Superior Court

In Herbert v. Superior Court (1985) 169 Cal. App. 3d 718, the decedent husband was married and had eight children, three of whom were adults. The decedent, his wife, and their five minor children belonged to a group health plan, but the three adult children did not. ( Id. at p. 720.) The group plan required arbitration of all claims, including those by heirs. (Ibid.) After the husband died, his widow and all their children sued for wrongful death. ( Id. at p. 721.) The medical plan sought arbitration, which the trial court ordered for the widow and minor children, but denied for the adult children. (Ibid.) On appeal, the Herbert court ordered the adult children to arbitrate their wrongful death claim. The court reasoned wrongful death is a single, joint, and indivisible claim possessed by all survivors; it cannot be split, and must be tried in one forum. ( Herbert, supra, 169 Cal. App. 3d at pp. 722, 725.) Because the widow and minor children were indubitably obligated to arbitrate their claim, it was impractical, the court reasoned, to let the adult children pursue their claims outside arbitration. ( Id. at p. 725.)