California Code of Civil Procedure. California

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      374. (a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for (1) an injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6, (2) an injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8, (3) a protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code, or (4) a protective order pursuant to Sections 7710 and 7720 of the Family Code.

      (b) In making the determination concerning appointment of a particular guardian ad litem for purposes of this section, the court shall consider whether the minor and the guardian have divergent interests.

      (c) The Judicial Council shall adopt forms by July 1, 1999, to implement this section. The forms shall be designed to facilitate the appointment of the guardian ad litem for purposes of this section.

      (Added by Stats. 1998, Ch. 706, Sec. 2. Effective September 22, 1998.)

      374.5. A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section 372 or subdivision (a) of Section 374 shall be heard in the court assigned to hear those matters; except that, if the minor bringing the action or against whom the action is brought has previously been adjudged a dependent child or a ward of the juvenile court, the matter shall be heard in the juvenile court having jurisdiction over the minor.

      (Added by Stats. 1998, Ch. 706, Sec. 3. Effective September 22, 1998.)

      375. An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against the party’s representative.

      (Added by Stats. 1992, Ch. 178, Sec. 17. Effective January 1, 1993.)

      376. (a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of another. If either parent fails on demand to join as plaintiff in the action or is dead or cannot be found, then the other parent may maintain the action. The parent, if living, who does not join as plaintiff shall be joined as a defendant and, before trial or hearing of any question of fact, shall be served with summons either in the manner provided by law for the service of a summons in a civil action or by sending a copy of the summons and complaint by registered mail with proper postage prepaid addressed to that parent’s last known address with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court.

      (b) A parent may maintain an action for such an injury to his or her illegitimate unmarried minor child if a guardian has not been appointed. Where a parent who does not have care, custody, or control of the child brings the action, the parent who has care, custody, or control of the child shall be served with the summons either in the manner provided by law for the serving of a summons in a civil action or by sending a copy of the summons and complaint by registered mail, with proper postage prepaid, addressed to the last known address of that parent, with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court.

      (c) The father of an illegitimate child who maintains an action under this section shall have acknowledged in writing prior to the child’s injury, in the presence of a competent witness, that he is the father of the child, or, prior to the child’s injury, have been judicially determined to be the father of the child.

      (d) A parent of an illegitimate child who does not maintain an action under this section may be joined as a party thereto.

      (e) A guardian may maintain an action for such an injury to his or her ward.

      (f) An action under this section may be maintained against the person causing the injury. If any other person is responsible for the wrongful act or neglect, the action may also be maintained against the other person. The death of the child or ward does not abate the parents’ or guardian’s cause of action for the child’s injury as to damages accruing before the child’s death.

      (g) In an action under this section, damages may be awarded that, under all of the circumstances of the case, may be just, except that:

      (1) In an action maintained after the death of the child, the damages recoverable are as provided in Section 377.34.

      (2) Where the person causing the injury is deceased, the damages recoverable in an action against the decedent’s personal representative are as provided in Section 377.42.

      (h) If an action arising out of the same wrongful act or neglect may be maintained pursuant to Section 377.60 for wrongful death of a child described in this section, the action authorized by this section may be consolidated therewith for trial as provided in Section 1048.

      (Amended by Stats. 1992, Ch. 178, Sec. 18. Effective January 1, 1993.)

      CHAPTER 4.

      Effect of Death

      ARTICLE 1. Definitions

      377.10. For the purposes of this chapter, “beneficiary of the decedent’s estate” means:

      (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent’s will.

      (b) If the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      377.11. For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.

      (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

      ARTICLE 2. Survival and Continuation

      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.)

      377.21. СКАЧАТЬ