Steps in a Sonoma Wrongful Death Lawsuit

A wrongful death claim may settle with an insurer without a lawsuit. When it does not, or when the two-year deadline is close, the family files in superior court. A death case adds steps of its own: deciding who the plaintiffs are, bringing every eligible family member into one case, adding the estate's claim, and dividing the money among the family.

This guide follows those steps in Sonoma County Superior Court, using the sources listed at the end. For the buildings, the court's programs and the general rules that apply to every injury case, read our guide on what to expect at Sonoma County Superior Court; this page focuses on what is different when someone has died.

What happens, step by step?

Decide who the plaintiffs are. The claim belongs to the family members listed in Code of Civil Procedure 377.60, starting with a spouse or registered domestic partner and children, or to the personal representative of the estate on their behalf.
Decide whether to add the survival claim. The estate's claim for the losses the person suffered before death may be joined with the wrongful death claim when both arise from the same wrongful act (Code of Civil Procedure 377.62). If no estate case is open, the successor in interest files a sworn declaration with a certified death certificate attached (Code of Civil Procedure 377.32).
File the complaint. A case asking for more than $35,000 is an unlimited civil case (Code of Civil Procedure 85), filed at the Civil Clerk's Office, 3055 Cleveland Avenue, Santa Rosa, with a Civil Case Cover Sheet, form CM-010 (California Rules of Court, rule 3.220).
Serve every defendant. Proof of service on all named defendants must be filed within 60 days after the complaint is filed (rule 3.110(b)). The summons tells each defendant to file a written response within 30 days after service (Code of Civil Procedure 412.20).
Prepare for the case management conference. Notice comes at least 45 days ahead (rule 3.722(b)), each side files a case management statement at least 15 calendar days before it (rule 3.725), and a party who wants a jury pays a $150 jury fee on or before that conference date (Code of Civil Procedure 631).
Exchange evidence. Written questions, document requests and depositions follow, then the exchange of expert witness lists (Code of Civil Procedure 2034.230). Discovery generally closes 30 days before the trial date first set (Code of Civil Procedure 2024.020).
Attend the settlement conference. Sonoma's court assigns a mandatory settlement conference date when a case is set for trial, and a judge may also send a case to the court's mediation program.
Get court approval where needed, or go to trial. A minor's share of a settlement needs a judge's approval (rule 7.950). At trial, the jury decides fault and damages, and the court divides any award among the family members (Code of Civil Procedure 377.61). The case must reach trial within five years of filing (Code of Civil Procedure 583.310).

Who does what at each step?

Step	What the family or its lawyer does	Rule
Plaintiffs	List every heir who may sue; name one who will not join as a defendant, with the reason stated in the complaint	Code of Civil Procedure 377.60 and 382
Survival claim	Join it to the case; file the successor's declaration and a certified death certificate if no estate case is open	Code of Civil Procedure 377.32 and 377.62
Filing	File the complaint and Civil Case Cover Sheet at 3055 Cleveland Avenue	Code of Civil Procedure 85; Rule of Court 3.220
Service	Serve every defendant and file proof within 60 days	Rule of Court 3.110(b)
Response	Defendants file a response within 30 days after service	Code of Civil Procedure 412.20
Case management	File the statement 15 calendar days ahead; pay the $150 jury fee by the conference date	Rules of Court 3.722 and 3.725; Code of Civil Procedure 631
Experts	Exchange expert lists 50 days before the first trial date, or 20 days after the demand is served, whichever is closer to trial	Code of Civil Procedure 2034.230
A child's share	Verified petition on form MC-350 for the judge's approval	Rule of Court 7.950; Code of Civil Procedure 372
Trial deadline	Bring the case to trial within 5 years of filing	Code of Civil Procedure 583.310

Who are the plaintiffs, and what if a relative will not join?

A wrongful death claim may be brought by the family members Code of Civil Procedure 377.60 lists, or by the decedent's personal representative on their behalf. Our guide on who can file a wrongful death claim walks through the list.

The claims of all the heirs are normally tried together. In the authority listed under CACI 3921, the Judicial Council quotes a court decision explaining that each heir has a "personal and separate" claim, but that the wrongful death statutes ordinarily require the heirs' claims to be litigated together, to prevent a series of lawsuits against the same defendant.

When a relative will not consent to join, Code of Civil Procedure 382 allows that person to be named as a defendant instead, with the reason stated in the complaint.

Does the estate's claim go in the same lawsuit?

It can. The survival claim, for what the person who died could have recovered had they lived, may be joined with the wrongful death claim arising from the same wrongful act (Code of Civil Procedure 377.62). The two stay separate on the verdict: the wrongful death award may not include what the survival claim recovers (Code of Civil Procedure 377.61).

No probate case is required just to bring these claims. If no estate case is pending, the successor in interest signs a declaration under penalty of perjury, stating among other things that no estate proceeding is pending in California, and attaches a certified copy of the death certificate (Code of Civil Procedure 377.32). Our guide on whether you need probate for a wrongful death claim explains who the successor is. For a case filed in 2026, the survival claim generally cannot include the person's pain and suffering before death; see what changed on January 1, 2026.

What does the complaint have to say?

The complaint tells the court and the defendants who is suing, who is being sued, and why. In the authority listed under CACI 3921, the Judicial Council quotes decisions describing the elements of the claim as the wrongful act or negligence, the resulting death, and the damages to the heirs, and stating that a wrongful death complaint based on negligence must allege every element of negligence.

For a death caused by a wrongful act or negligence, the superior court of the county where the fatal injury happened, or where a defendant lives, is a proper court (Code of Civil Procedure 395). Our page on personal injury cases in Sonoma County lists the other county offices a death case may involve.

The general deadline to file is two years from the death (Code of Civil Procedure 335.1); see how long a family has to file a wrongful death claim.

What is discovery like in a death case?

Discovery is how each side learns the other's evidence, both about how the death happened and about what the family lost. The defense may ask each family member about their relationship with the person who died, the support and help they received, and the household services that person provided, because those are the losses the jury is told to consider for economic damages under CACI 3921. Grief and sorrow are not part of the award. Our guide on what a family can recover in a wrongful death case explains each item.

Family members are often deposed, and our guide on how to prepare for a deposition describes what that day involves. Expert witnesses are common in death cases: future financial support is reduced to present cash value, and the jury considers life expectancy, which CACI 3921 says may be based on published tables along with the person's health, habits and occupation. Either side can demand an exchange of expert witness lists, and the exchange date is 50 days before the first trial date or 20 days after the demand is served, whichever is closer to trial (Code of Civil Procedure 2034.230).

How does the case end in Sonoma County?

The court's civil division page says settlement conference dates are assigned when cases are set for trial. Under its Mandatory Settlement Conference Program, each side delivers its original settlement conference statement directly to the volunteer panelist at least five court days before the conference, and the parties must tell the coordinator and the panelists if the case settles first; the court warns that failing to do either may lead to monetary sanctions. A judge may also refer a case to the court's Civil Mediation Program, in which retired visiting judges mediate.

A settlement in a death case has one more layer. The court decides each family member's share of an award (Code of Civil Procedure 377.61), and a child's share needs a judge's approval on a verified petition, generally on form MC-350 (California Rules of Court, rule 7.950). A minor who is a party appears through a guardian ad litem or a guardian of the estate (Code of Civil Procedure 372). Our guide on how a wrongful death settlement is divided explains the shares and where a child's money goes.

At trial, CACI 3921 lets the judge ask the jury for a single amount for all plaintiffs, which the judge then divides. A case must be brought to trial within five years after it is commenced against the defendant (Code of Civil Procedure 583.310). Our guide on how long a personal injury case takes in California covers the court's 12 to 24 month goals for unlimited civil cases.

How do we follow the case at the courthouse?

The court's civil division page says the court does not provide case information over the internet; public access terminals for researching cases are at the Civil and Family Law Courthouse. The Civil Division's phone line, (707) 521-6610, is answered from 8:00 AM to noon on weekdays, and its office hours are 8:00 AM to 3:30 PM. Tentative rulings for the case management calendar are available by recording at (707) 521-6606 three court days before the hearing.

The court's July 2026 announcement moved the probate clerk's office, and the department that hears limited civil matters, to the new Hall of Justice at 625 Administration Drive, so an estate matter and the wrongful death case may be handled in different buildings. Our Santa Rosa page lists both courthouse buildings and the other Santa Rosa offices a family may need.

What changes the answer?

A public entity is a defendant. The written claim is due within six months (Government Code 911.2), and no lawsuit may be brought until the entity acts on the claim or it is deemed rejected (Government Code 945.4).

An estate case is already open. The personal representative then brings the survival claim, and the successor's declaration is not available because it must state that no estate proceeding is pending (Code of Civil Procedure 377.32).

A relative refuses to take part. The relative may be named as a defendant, with the reason stated in the complaint (Code of Civil Procedure 382), so the case can move forward.

The person who died was partly at fault. The claim can still go forward, and fault affects the amount; see whether a family can still bring a claim when the person was partly at fault.

The death happened at work. Workers' compensation death benefits and a lawsuit against someone other than the employer can both apply; see a family member who died at work.

What could this look like? An example

For example, imagine a woman killed in a crash on Highway 12 near Kenwood, survived by her husband, a 15-year-old son and an adult daughter. The other driver's insurer offers less than the family's losses, and 18 months after the death the family decides to sue.

The husband and both children are the plaintiffs, with a guardian ad litem for the son. With no estate case open, they sign one successor's declaration, attach a certified death certificate, and join the survival claim for her medical bills before death. The complaint is filed at 3055 Cleveland Avenue, the driver is served within 60 days and answers within 30 days, and the jury fee is paid by the case management conference. Each family member is deposed, and the sides exchange economist and medical experts.

When the court sets a trial date, it assigns a settlement conference. If the case settled there, the court would decide each family member's share, and the son's share would be approved on a petition and held as the judge orders. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do families make in a wrongful death lawsuit?

One family member filing alone, when the heirs' claims are ordinarily brought together in one case.
Leaving out a relative who refuses to join, instead of naming that person as a defendant with the reason stated.
Forgetting the survival claim, or filing the successor's declaration without a certified death certificate.
Missing the 60 days to serve and file proof of service, or the $150 jury fee due by the case management conference.
Treating a family agreement about shares as final, when the court decides each person's share.
Assuming a parent can sign for a child's share of a settlement without a judge's approval.

What should we do this week?

Write down the date of death and the date of the injury, and mark the two-year date and any six-month date on a calendar.
List every family member who may have a claim, with each person's age and relationship.
Order several certified copies of the death certificate.
Find out whether anyone has opened an estate case or has a will.
Gather the records of what the family lost; our checklist of what to gather in the first weeks after a death lists them.
Read California's personal injury deadlines for the exceptions that may apply.

Frequently asked questions

Do all family members have to agree before filing?

No. The claims are ordinarily brought together, but a relative who will not consent to join may be named as a defendant, with the reason stated in the complaint (Code of Civil Procedure 382).

Can the family file in Sonoma County if the driver lives elsewhere?

Yes, if the fatal injury happened in Sonoma County. The county where the injury causing death occurred, or where a defendant lives, is a proper court (Code of Civil Procedure 395).

Is the case management conference the trial?

No. The Sonoma court's FAQ says it is not the trial date. At the conference, the judge reviews the case and decides whether to send it to mediation or another process and whether to set a trial date (rule 3.722(a)).

Do settlement talks stop once a lawsuit is filed?

No. The sides can keep negotiating, and the Sonoma court assigns a settlement conference date when the case is set for trial.

What does it cost to ask for a jury?

One party on each side who wants a jury pays a nonrefundable $150 fee, due on or before the initial case management conference (Code of Civil Procedure 631). Daily jury fees are deposited once the trial begins.

If your family is weighing a wrongful death lawsuit in Sonoma County, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.

What are the steps in a wrongful death lawsuit in Sonoma County Superior Court?