Code of Civil Procedure § 377.20 – Survival Cause of Action
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Code of Civil Procedure § 377.20 – Survival Cause of Action
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 – 389.5]
( Title 3 enacted 1872. )CHAPTER 4. Effect of Death [377.10 – 377.62]
( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. )ARTICLE 2. Survival and Continuation [377.20 – 377.22]
( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. )California Law
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.)
California Law Summary
This statute establishes the general rule that a cause of action survives the death of the person entitled to it or against whom it could have been brought. This means most legal claims can continue even after a party’s death.
Key Points:
A cause of action is not extinguished by the death of either the plaintiff or defendant.
The action may be continued or brought by the decedent’s personal representative or successor in interest, as specified in CCP § 377.30.
This section serves as the foundation for survival actions, distinguishing them from wrongful death claims.
Purpose
To preserve the legal rights and obligations of individuals even after death, allowing for the continuation of lawsuits to recover damages for losses suffered before death.
Application
In a personal injury context, if an injured party dies before or during litigation (from unrelated causes), their claim for economic damages (e.g., medical bills, lost income) can still proceed under a survival action. This ensures that the estate or heirs can recover compensation to which the decedent would have been entitled.
