SECTIONS 377.30-377.35 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 377.30-377.35

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.

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.

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.

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.

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.

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.