Code of Civil Procedure § 377.30 – Commencement of Survival Actions
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Code of Civil Procedure § 377.30 – Commencement of Survival Actions
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 3. Decedent’s Cause of Action [377.30 – 377.35]
( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )California Law
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.
(Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
California Law Summary
This statute authorizes a decedent’s personal representative or successor in interest to continue or initiate a legal action on behalf of the decedent’s estate for claims the decedent could have pursued if they had lived. These are known as “survival actions.”
Key Points:
The cause of action survives the decedent’s death and may be pursued for damages the decedent incurred prior to death, such as:
Medical expenses,
Lost wages,
Property damage,
Other economic losses.
The action does not include damages for pain, suffering, or disfigurement, unless an exception under CCP § 377.34(b) applies (such as elder abuse or where the action was filed while the decedent was still alive).
Who Can File:
The decedent’s personal representative (executor or administrator of the estate), or
If no personal representative exists, the successor in interest to the decedent’s claim.
Purpose
To ensure the decedent’s legal claims and financial losses incurred before death can still be remedied through civil litigation.
Application
Survival actions are often filed alongside wrongful death claims but address a different set of damages—those suffered by the decedent, rather than by their heirs. These actions are important for recovering compensation that would have been available if the person had survived the injury.
