Code of Civil Procedure § 377.30 – Commencement of Survival Actions
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California Code of Civil Procedure § 377.30 – Survival Actions in California
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. )
CCP § 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.)
Key Elements of CCP § 377.30
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.
Survival Action vs. Wrongful Death: What’s the Difference?
While both survival actions and wrongful death claims are filed after someone passes away, they are legally distinct:
| Feature | Survival Action | Wrongful Death |
|---|---|---|
| Filed By | Estate’s personal representative | Decedent’s heirs (spouse, children, etc.) |
| Damages | Decedent’s losses before death (e.g. medical bills, lost income) | Family’s losses (e.g. loss of companionship, funeral expenses) |
| Basis | The decedent’s legal claim | The family’s emotional and financial harm |
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.
Real-Life Example of a Survival Action
Imagine John was injured in a car accident due to another driver’s negligence. He filed a personal injury claim but passed away from an unrelated illness before the case concluded. Under CCP § 377.30, his estate can continue the lawsuit to recover medical expenses and lost wages related to the crash.
If the family also experienced financial or emotional loss due to John’s death, they may file a wrongful death claim in parallel.
Legal Considerations in Survival Actions
There are several important factors to keep in mind:
Appointing a personal representative is essential. Without this legal step, no survival claim can proceed.
Timing matters. The statute of limitations is either two years from the injury or six months after the death—whichever is shorter.
Pain and suffering limits. Under CCP § 377.34, most survival actions cannot recover damages for a decedent’s pain and suffering unless specific exceptions apply (e.g., elder abuse cases).
Related California Statutes
- CCP § 377.32 – Affidavit requirements for successors in interest
CCP § 377.34 – Pain and suffering restrictions in survival actions
California Probate Code §§ 550-555 – Creditor claims and liabilities of decedent’s estates
Why Legal Help Matters
Filing a survival action involves navigating estate law, civil procedure, and sometimes probate court—all while dealing with the emotional toll of a loved one’s passing. It’s important to work with an experienced attorney who understands both civil litigation and wrongful death law in California.
Contact Impact Attorneys for Expert Guidance
If you believe your loved one had a valid claim before their death, we can help you understand your rights and take legal action under California Code of Civil Procedure § 377.30.
📞 Call 818-350-2349 or Contact Us Online to schedule a free consultation.
