Effect of DeathSurvival and Continuation

Section § 377.20

Explanation

When someone dies, any legal claims they have or that others have against them don't automatically disappear. These claims still exist, but they must be dealt with within a certain time frame. This holds true even if the death and the event causing the claim happen at the same time.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 377.20(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.
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Section § 377.21

Explanation

If someone involved in a lawsuit dies, the case doesn't automatically end if the reason for the lawsuit can still be legally continued by others.

A pending action or proceeding does not abate by the death of a party if the cause of action survives.
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Section § 377.22

Explanation

This law states that nothing in this part of the legal code changes whether or not a lawsuit or legal claim can be transferred from one person to another.

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