Quiroz v. Seventh Ave. Center

In Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, the court held that a wife who filed a wrongful death action could not amend the complaint to allege a survivor cause of action after the statute of limitations had run because the untimely survivor action did not relate back to the heir's wrongful death action. The wrongful death action was a totally new right of action, on different legal principles, and the cause of action for wrongful death did not belong to the decedent, but belonged to the persons specified by statute. (Id. at p. 1263-1265.)