California Code of Civil Procedure - California

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of Death

      ARTICLE 1. Definitions

      377.10. For the purposes of this chapter, “beneficiary of the decedent’s estate” means:

      (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent’s will.

      (b) If the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.11. For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      ARTICLE 2. Survival and Continuation

      377.20. (a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period.

      (b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person’s death had not preceded or occurred simultaneously with the loss or damage.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.21. A pending action or proceeding does not abate by the death of a party if the cause of action survives.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.22. Nothing in this chapter shall be construed as affecting the assignability of causes of action.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      ARTICLE 3. Decedent’s Cause of Action

      377.30. A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.31. On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.32. (a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

      (1) The decedent’s name.

      (2) The date and place of the decedent’s death.

      (3) “No proceeding is now pending in California for administration of the decedent’s estate.”

      (4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest.

      (5) Either of the following, as appropriate, with facts in support thereof:

      (A) “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.”

      (B) “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.”

      (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.”

      (7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

      (b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

      (c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.33. The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or guardian ad litem.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.34. In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.35. On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after January 1, 1993.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      ARTICLE 4. Cause of Action Against Decedent

      377.40. Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.41. On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.42. In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent had the decedent lived except damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.

      (Added by Stats. 1992, Ch. 178,

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