California Code of Civil Procedure. California

Чтение книги онлайн.

СКАЧАТЬ not abate by the death of a party if the cause of action survives.

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

      377.22. Nothing in this chapter shall be construed as affecting the assignability of causes of action.

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

      ARTICLE 3. Decedent’s Cause of Action

      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.)

      377.31. On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued 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.)

      377.32. (a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

      (1) The decedent’s name.

      (2) The date and place of the decedent’s death.

      (3) “No proceeding is now pending in California for administration of the decedent’s estate.”

      (4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest.

      (5) Either of the following, as appropriate, with facts in support thereof:

      (A) “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.”

      (B) “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.”

      (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.”

      (7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

      (b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

      (c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.

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

      377.33. The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or guardian ad litem.

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

      377.34. In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.

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

      377.35. On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after January 1, 1993.

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

      ARTICLE 4. Cause of Action Against Decedent

      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.

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

      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.

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

      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.

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

      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.

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

      ARTICLE 5. Insured Claims

      377.50. An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate as provided in Chapter 1 (commencing with Section 550) of Part 13 of Division 2 of the Probate Code.

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

      ARTICLE 6. Wrongful Death

      377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following СКАЧАТЬ