Confusion In Legal Community, Conflicting Professional Opinions Lead To Late-Filed Wrongful Death Claim By Parents Of Married Locksmith Gunned Down During Foreclosure Eviction

In Stanislaus County, California, The Modesto Bee reports:

• The parents of a locksmith gunned down April 12 along with a sheriff's deputy while serving a Modesto eviction have submitted wrongful-death claims to Stanislaus County.
  
  The claims are similar to one filed in September by the locksmith's widow, Irina Engert, who subsequently sued in federal court in January, saying the Sheriff's Department owed her husband better protection.
  
  Glendon Engert, 35, and deputy Bob Paris, 53, were ambushed by a distraught man whose property was sold in foreclosure. The murders touched off a standoff with authorities that ended in an inferno and the suicide of gunman Jim Ferrario, 45. "It's a shame that Mr. Ferrario created the situation for all of us," County Counsel John Doering said Monday.

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• Engert's mother, Ann, said in January that she had consulted an attorney who advised her that a dead man's widow has legal standing to sue, but not his parents.
  
  The San Francisco attorney representing his widow read that story in The Bee, provided a different legal opinion and was hired by Ronnie and Ann Engert. Their claims are considered a precursor to a lawsuit.
  
  The parents' claims come about four months later than allowed by a six-month legal limit for such action. They acknowledge as much in the documents, blame the initial attorney for bad advice and ask for a waiver allowing a late claim.

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• A brief says Modesto attorney Gerald Brunn made an "honest mistake" in his opinion regarding the legal standing of an adult's surviving parents and acknowledges "some confusion" in the legal community, saying, "Mr. Brunn is certainly not alone in making this mistake." Brunn could not be reached Monday for comment.
  
  Based on his assessment, Ann Engert had told The Bee in January, "The state of California does not recognize my loss as legally actionable" and said she supported her daughter-in-law's legal pursuit. She said she had been close to her son, playing online poker with him and chatting on the phone into the wee hours of the morning.
  
  After her consultation with Brunn, she sent him a letter citing puzzlement that laws would not recognize "my loss as his mother" and saying she "would have been happy to have worked with you" and thanking Brunn. The letter is attached to the new complaints.
  
  Support in trade journal
  
  Others believe such parents can sue for wrongful death if the adult who died had no children. Glendon and Irina Engert were childless.
  
  San Francisco attorney Richard Schoenberger, representing all three survivors, cited a 2008 article in a legal trade journal written by two Santa Monica lawyers specializing in wrongful-death cases. They acknowledged disagreement among lawyers but concluded that parents of childless adults can sue, as well as a surviving spouse.
  
  In an email Monday, Ann Engert wrote, "I said before that I supported my daughter-in-law's actions in connection with her lawsuit, and the current development is an extension of that conviction."

For the story, see Slain locksmith's parents file claim against Stanislaus County.

Go here for the above-referenced claim, legal brief, letter sent by the victim's mother to the lawyer who advised her she had no standing to file a claim, the earlier Modesto Bee story, and the trade journal article addressing the legal standing of parents to bring a suit for the wrongful death of a married child.