A sample wrongful death complaint in California has to do several specific things at once: name eligible heirs as plaintiffs, identify the right Superior Court, name each defendant correctly, plead the four elements of the claim under California Code of Civil Procedure Sections 377.60 and 377.61, and request the categories of damages the family can legally recover. All of it has to be filed within two years of the date of death.1California Legislative Information. California Code of Civil Procedure CCP 335.1
The Two-Year Deadline Governs Everything Else
Under Code of Civil Procedure Section 335.1, a wrongful death action must be filed within two years of the date the decedent died.1California Legislative Information. California Code of Civil Procedure CCP 335.1 Miss it and the court will almost certainly dismiss the case regardless of the underlying facts.
California tolls the clock in limited situations. If a plaintiff was a minor when the death occurred, the limitations period pauses until that person turns 18. A delayed-discovery rule can apply when the family had no reasonable way to know the death was caused by someone else’s wrongful conduct; in that situation the two-year window starts when the family knew or should have known about the potential claim. Both exceptions are narrow and worth confirming with an attorney before relying on them.
Who Can Be Named as Plaintiff
Section 377.60 lists the people entitled to sue, and the complaint has to identify each plaintiff’s relationship to the decedent to place them on that list.2California Legislative Information. California Code of Civil Procedure CCP 377.60
The first tier is the surviving spouse, registered domestic partner, children, and grandchildren of any deceased children. If the decedent left no surviving children or grandchildren, standing opens to anyone entitled to inherit under California’s intestate succession laws, typically parents or siblings.2California Legislative Information. California Code of Civil Procedure CCP 377.60
A second group can sue regardless of inheritance rights if they financially depended on the decedent: a putative spouse (someone who genuinely believed their marriage to the decedent was valid), the putative spouse’s children, stepchildren, parents, and legal guardians if the parents are deceased. A minor also qualifies if they lived in the decedent’s household for at least 180 days before the death and relied on the decedent for half or more of their support.2California Legislative Information. California Code of Civil Procedure CCP 377.60
California treats wrongful death as a single, compulsory-joinder claim. All eligible heirs have to be brought into one lawsuit; they cannot each file separately against the same defendant. If a known heir refuses to join as a plaintiff, name them as a nominal defendant so every eligible party is before the court. Leaving heirs out invites a later motion challenging the case for incomplete parties.
Which Complaint Format to Use
You have two accepted formats. The first is Judicial Council form PLD-PI-001, “Complaint—Personal Injury, Property Damage, Wrongful Death.”3California Courts. Complaint – Personal Injury, Property Damage, Wrongful Death PLD-PI-001 It is a check-the-box template with attachable Cause of Action forms that walk you through each required allegation. For someone drafting without a lawyer, this format is more forgiving because its structure forces you to address every element.
The second is a custom complaint on numbered pleading paper. Attorneys handling cases with multiple defendants or unusual liability theories usually take this route for the flexibility. Whichever format you choose, the substantive requirements are identical.
The Caption and Opening Allegations
The first paragraphs establish why this particular court can hear the case. Identify the Superior Court by county and explain why venue is proper there. The usual anchors are the county where the incident causing the death occurred or a county where a defendant lives or has a principal place of business.
Name every defendant by correct legal name and capacity. For an individual, use their full name. For a corporation, use the exact name on file with the California Secretary of State and note the corporate form. A wrong name delays service and hands the other side an easy procedural argument. State the date and location of the incident that caused the death so the court can confirm both that the two-year statute has not run and that venue is correct.
The Four Elements You Must Plead
A wrongful death complaint has to allege four things. Leave one out and expect a motion challenging the complaint before the case moves.
Duty
Allege that the defendant owed a duty of care to the decedent. The content of the duty depends on the facts. A driver owes other motorists and pedestrians reasonable care behind the wheel. A hospital owes patients treatment that meets accepted medical standards. A property owner owes visitors reasonably safe premises.
Breach
Allege that the defendant breached the duty through negligent, reckless, or intentionally harmful conduct, and describe what the defendant did or failed to do.
Causation
Allege that the breach was a substantial factor in causing the decedent’s death. You do not have to prove causation at the pleading stage, but the complaint has to state the link clearly.
Damages
Allege that the surviving heirs suffered legally recognized harm as a result of the death. The cause of action should cite Sections 377.60 and 377.61 as the statutory basis.4California Legislative Information. California Code of Civil Procedure CCP 377.61
What to Ask For in the Prayer for Relief
The prayer is where you tell the court what compensation the heirs seek. Section 377.61 allows “damages that, under all the circumstances of the case, may be just.”4California Legislative Information. California Code of Civil Procedure CCP 377.61 In practice the request falls into two categories.
Economic Damages
These are the calculable financial losses: funeral and burial expenses, the income and financial support the decedent would have provided over their expected lifetime, the value of lost benefits such as health insurance or pension contributions, and the reasonable value of household services the decedent would have performed, including childcare, home maintenance, and cooking. You do not need exact figures at the pleading stage, but identify each category the heirs intend to prove.
Non-Economic Damages
These compensate for intangible losses: the loss of love, companionship, comfort, moral support, and the guidance or training the decedent would have provided. Their value is for the jury. Plead them broadly enough to preserve the heirs’ right to present evidence on each type at trial.
One thing the prayer cannot include is punitive damages. California limits wrongful death recoveries to compensatory damages. Punitive damages, meant to punish egregious conduct, are only available through a separate survival action brought by the decedent’s estate.
Consider Adding a Survival Cause of Action
A survival action is a different claim, often filed alongside the wrongful death claim in the same complaint. A wrongful death claim belongs to the heirs and compensates them for what they lost.2California Legislative Information. California Code of Civil Procedure CCP 377.60 A survival action belongs to the decedent’s estate. It is brought by the personal representative or successor in interest and seeks damages the decedent could have pursued if they had survived: medical expenses incurred before death, lost earnings between the injury and the death, and pain and suffering the decedent experienced before dying.5California Legislative Information. California Code of Civil Procedure CCP 377.30 Punitive damages are available in a survival action when the defendant’s conduct was malicious, oppressive, or fraudulent. If the facts support both claims, pleading them together broadens what the family can recover.
Filing and Serving the Complaint
Before you head to the courthouse, prepare two more documents to accompany the complaint: a Summons on Judicial Council form SUM-100 and a Civil Case Cover Sheet on form CM-010.6California Courts. Summons SUM-1007Judicial Council of California. Civil Case Cover Sheet CM-010 The Cover Sheet is required with any first filing in a civil case and categorizes the action for case management.
File the original complaint, summons, and cover sheet with the clerk of the correct Superior Court. The filing fee for an unlimited civil case (anything over $35,000, which wrongful death cases virtually always exceed) is $435 statewide, with a fee of $450 in Riverside and San Francisco counties due to local courthouse construction surcharges.8California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford the fee, submit a fee waiver application at the time of filing. A growing number of counties now require attorneys to file civil documents electronically, though self-represented litigants are generally exempt from mandatory e-filing. Check the local rules for your county before filing.
After the clerk stamps and returns the documents, arrange for service of the summons and complaint on every named defendant. Whoever delivers the papers must be at least 18 and not a party to the lawsuit. Most plaintiffs hire a registered process server, though any qualified adult, including the county sheriff, can serve. California gives you three years from the filing date to complete service, but do not wait; courts can dismiss cases for failure to prosecute.9California Legislative Information. California Code of Civil Procedure CCP 583.210 Once service is complete, the person who performed it fills out a Proof of Service form and files it with the court to formally establish that the defendant has been notified.