If a wrongful death action is brought by the heirs of a deceased plaintiff, what is the appropriate remedy for the omitted heirs?

claimbut not both." (Adams, supra, 196 Cal.App.4th at p. 77.) If the action is brought by the heirs, all the heirs should join or be joined in the action. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 807.) If the wrongful death plaintiffs fail to join all the heirs, the superior court has jurisdiction to try the action, but the plaintiffs "proceed at their peril." (Id. at p. 809.) Any omitted heirs may have a cause of action against the plaintiffs for damages for failing to join them in the wrongful death action. (Id. at pp. 807-810.)