Ceja v. Rudoplh & Sletten, Inc. 4/19/11 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H034826

Case Date: 08/10/2011

Preview:Filed 4/19/11

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

NANCY CEJA et al., Plaintiffs and Appellants, v. RUDOLPH & SLETTEN, INC., Defendant and Respondent; PHOENIX CEJA et al., Respondent.

H034826 (Santa Clara County Super. Ct. Nos. CV112520 & CV115283)

I. INTRODUCTION Nancy and Robert Ceja were married by the pastor of a Pentecostal church in a big wedding ceremony attended by many guests. Four years later, Robert Ceja was killed in an accident at work. Nancy Ceja sued his employer for wrongful death. However, before filing the action, she learned that her marriage was void because the wedding had taken place a few months before Robert Cejas divorce from his first wife became final. Consequently, to establish her standing to sue, Nancy Ceja alleged that she was a "putative spouse" under Code of Civil Procedure section 377.60, which defines a putative spouse as party to a void or voidable marriage who is found by the court to have "believed in good faith that the marriage . . . was valid."1 (

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