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Court of Appeal, Second District, Division 7. September 15, Rinaldelli for Plaintiff and Appellant. Smith and Nicholas M. Gedo, Los Angeles, for Defendants and Respondents. Under California law unmarried cohabiting couples who qualify as "domestic partners" are afforded rights and benefits not afforded to other unmarried couples including the right of the surviving partner to sue for the wrongful death of the other partner.
An adult couple living together may qualify as a "domestic partnership" if they are of the same sex or one of them is at least 62 years of age and eligible for benefits under the Social Security Act based on age.
The trial court dismissed the suit because plaintiff lacked standing to sue under the wrongful death statute. Plaintiff 's appeal raises the following question: If the state grants the right to sue for wrongful death to the surviving member of a "domestic partnership" may it constitutionally deny the same right to the surviving member of an unmarried cohabiting couple of opposite sex? We hold the Legislature had rational bases for extending the right to sue for wrongful death to survivors of registered "domestic partnerships" but not to cohabiting unmarried couples in general.
Therefore we affirm the judgment. Plaintiff 's verified complaint alleges the following facts which we accept as true for purposes of this appeal. Jack Holguin and Tamara Booth were an unmarried couple who had lived together for three years at the time of Booth's death. During those three years they shared "an intimate and committed relationship of mutual caring. Neither Holguin nor Booth were married or a member of a domestic partnership or related by blood.