(a) When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or in case of the death of such wrongdoer against the personal representative of such wrongdoer, whether the wrongdoer dies before of after the death of the person injured. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his or her death, his or her personal representatives. In every action under this Section, such damages may be given as, under all the circumstances of the case, may be just, but shall not include damages recoverable under 19 Guam Code Ann. § 31104. The respective rights of the heirs in any

COL4122017
7 Guam Code Ann. CIVIL PROCEDURE
CH. 12 PARTIES TO CIVIL ACTIONS

award shall be determined by the court. Any action brought by the personal representative of the decedent pursuant to the provisions of 19 Guam Code Ann. § 31104, may be joined with an action arising out of the same wrongful act or neglect brought pursuant to the provisions of this Section. If an action be brought pursuant to the provisions of this Section, and a separate action arising out of the same wrongful act or neglect be brought pursuant to the provisions of § 956 of the Civil Code, such actions shall be consolidated for trial on the motion of any interested party.
(b) For the purposes of Subsection (a), heirs mean only the following: (1) Those persons who would be entitled to succeed to the
property of the decedent according to the provisions of 15 Guam Code Ann.
Division 3 (Administration of Decedents’ Estates).

(2) Whether or not qualified under Paragraph (1), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren and parents. As used in this Paragraph, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.

(3) Minors, whether or not qualified under Paragraphs (1) or (2) if, at the time of the decedent’s death, they resided for the previous one hundred eighty (180) days in the decedent’s household and were dependent upon the decedent for one-half (1/2) or more of their support.

Nothing in this Subsection (b) shall be construed to change or modify the definition of heirs under any other provision of law.

SOURCE: CCP § 377, amended by P.L. 14-128.

CROSS-REFERENCE: Civil Code § 956; 19 Guam Code Ann. § 31104.

COMMENT: A note to original Guam CCP § 377 states that Rule 18 of the GRCP provides for joinder of claims and remedies. Also, see Vela v. Govt. Emp. Ins. Co., (1968) 395 F.2d. 427. However, the Fourteenth Guam Legislature believed that this Section superseded any rule on the topics covered within this Section, and by passing a new Subsection (b) to this Section indicated its substantive nature. Therefore, this Section is included herein. As a result of this amendment, Guam and California § 377 (this Section) now read substantially the same.

NOTE: CCP § 378, Who may be Joined as Plaintiffs; § 379, Who May be joined as Defendants; § 379a, Same; have been replaced by GRCP Rule 19. § 379b, Order Preventing Embarrassment, has been replaced by GRCP Rule 20.

COL4122017
7 Guam Code Ann. CIVIL PROCEDURE
CH. 12 PARTIES TO CIVIL ACTIONS