SECTIONS 377.40-377.43 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 377.40-377.43

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.

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.

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.

377.43. This article applies to the commencement on or after
January 1, 1993, of an action or proceeding against the decedent's
personal representative or successor in interest, or to the making of
a motion on or after January 1, 1993, to continue a pending action
or proceeding against the decedent's personal representative or
successor in interest, regardless of whether the decedent died
before, on, or after January 1, 1993.