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.
Effect of DeathDecedent’s Cause of Action
Section § 377.30
If someone who has the right to start a lawsuit dies, the right to bring that lawsuit can still be pursued by certain people. This right goes to the person's successor, like a family member or someone else designated. The lawsuit can be started by the deceased person's personal representative or, if there isn't one, by their successor.
cause of action survive death successor in interest
Section § 377.31
If someone who started a legal case dies, the court can allow the case to continue with either the person's representative, like an executor, or another individual who inherits from them.
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.
decedent's personal representative successor in interest pending action continuation
Section § 377.32
This law states that if you want to start or continue a lawsuit on behalf of someone who has passed away, you need to complete a sworn statement, which is essentially a formal written promise that everything you're saying is true. You must include details like the deceased person's name, when and where they died, and confirm that there's no ongoing court process dealing with their estate. If there's been a legal process to handle their affairs, you should provide the final document that shows everything was wrapped up. You also need to confirm that you're the right person to take over the deceased person's legal matters and that no one else has a better claim to do so. Finally, a copy of the death certificate should be attached to this statement.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 377.32(a)(1) The decedent’s name.
(2)CA Civil Procedure Code § 377.32(a)(2) The date and place of the decedent’s death.
(3)CA Civil Procedure Code § 377.32(a)(3) “No proceeding is now pending in California for administration of the decedent’s estate.”
(4)CA Civil Procedure Code § 377.32(a)(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)CA Civil Procedure Code § 377.32(a)(5) Either of the following, as appropriate, with facts in support thereof:
(A)CA Civil Procedure Code § 377.32(a)(5)(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)CA Civil Procedure Code § 377.32(a)(5)(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)CA Civil Procedure Code § 377.32(a)(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)CA Civil Procedure Code § 377.32(a)(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)CA Civil Procedure Code § 377.32(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)CA Civil Procedure Code § 377.32(c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.
successor in interest decedent's estate affidavit
Section § 377.33
If a legal case is started or carried on as explained in this section, the court can make decisions about who should be involved. This can include choosing someone to act on behalf of a person who has passed away, like their representative or a temporary caregiver for legal purposes, to ensure the case is handled fairly.
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.
court orders parties involved proper administration of justice
Section § 377.34
This law explains how damages can be recovered when someone dies and their representative continues a legal case on their behalf. Generally, the damages are limited to what the deceased person could've claimed if they were alive, like penalties, but not for pain and suffering. However, if certain conditions are met, like the case having been filed within specific dates, damages for pain and suffering can be included. If such damages are awarded, they must be reported to the Judicial Council of California within 60 days, which in turn must report this information to the Legislature by 2025. This regulation is temporary and includes a specific deadline for when it needs to be reported.
(a)CA Civil Procedure Code § 377.34(a) 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.
(b)CA Civil Procedure Code § 377.34(b) Notwithstanding subdivision (a), 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 may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before
January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.
(c)CA Civil Procedure Code § 377.34(c) A plaintiff who recovers damages pursuant to subdivision (b) between January 1, 2022, and January 1, 2025, inclusive, shall, within 60 days after obtaining a judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages, submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement, along with a cover sheet detailing all of the following information:
(1)CA Civil Procedure Code § 377.34(c)(1) The date the action was filed.
(2)CA Civil Procedure Code § 377.34(c)(2) The date of the final disposition of the action.
(3)CA Civil Procedure Code § 377.34(c)(3) The amount and type of damages awarded, including economic damages and damages for pain, suffering, or disfigurement.
(d)Copy CA Civil Procedure Code § 377.34(d)
(1)Copy CA Civil Procedure Code § 377.34(d)(1) On or before January 1, 2025, the Judicial Council shall transmit to the Legislature a report detailing the information received pursuant to subdivision (c) for all judgments, consent judgments, or court-approved settlement agreements rendered from January 1, 2022, to July 31, 2024, inclusive, in which damages were recovered pursuant to subdivision (b). The report shall comply with Section 9795 of the Government Code.
(2)CA Civil Procedure Code § 377.34(d)(2) This subdivision shall become inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(e)CA Civil Procedure Code § 377.34(e) Nothing in this section alters Section 3333.2 of the Civil Code.
(f)CA Civil Procedure Code § 377.34(f) Nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division
9 of the Welfare and Institutions Code.
decedent's cause of action personal representative successor in interest
Section § 377.35
This law states that from January 1, 1993, if a person who has died had the right to start a legal action or was already involved in one, their legal case can be started or continued by someone else, no matter when they died.
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.
decedent's rights legal proceedings after death commencement of action
