20250SB__002997AMD INTRODUCED 2024-12-02 AMENDED_SENATE 2025-05-23 AMENDED_ASSEMBLY 2025-09-09 2025 SB AMD Introduced by Senator Laird (Coauthor: Assembly Member Kalra) LEAD_AUTHOR SENATE Laird COAUTHOR ASSEMBLY Kalra

An act to amend

Section 377.34 of the Code of Civil Procedure, relating to civil actions. civil actions Civil actions: decedent’s cause of action. Existing law provides that 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 and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

Existing law provides that the damages recoverable in that action or proceeding include 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.

Existing law also permits damages for a decedent’s pain, suffering, or disfigurement to be recovered in an action brought by the decedent’s personal representative or successor in interest if the action or proceeding was granted a specified preference before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.

Existing law requires a plaintiff who recovers damages for pain, suffering, or disfigurement between specified dates to submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages and a cover sheet containing specified information. Existing law requires the Judicial Council to transmit to the Legislature a report detailing this information, as specified.

This bill would extend the time frame for a decedent’s personal representative or successor in interest to file an action to recover damages for a decedent’s pain, suffering, or disfigurement to January 1, 2027. The bill would extend the requirement that a plaintiff who recovers such damages report specified information about the action to the Judicial Council to include damages recovered through July 31, 2026. The bill would authorize any party to an action to submit the required information to the Judicial Council.

The bill would extend to January 1, 2027, the deadline for the Judicial Council to submit a report to the Legislature and would change the period covered by the report to January 1, 2025, through July 31, 2026. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 377.34 of the Code of Civil Procedure is amended to read: 377.34. (

a) 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, but not limited to, damages for pain, suffering, or disfigurement, and any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived. (

b) Notwithstanding subdivision (a), 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 may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to

Section before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2027. (

c) A plaintiff who recovers damages pursuant to subdivision (

b) between January 1, 2026, and July 31, 2026, inclusive, shall, within days after obtaining a judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages, submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement, along with a cover sheet detailing all of the following information:

(1) The date the action was filed.

(2) The date of the final disposition of the action.

(3) The amount and type of damages awarded, including economic damages and damages for pain, suffering, or disfigurement.

(4) Any party to the action or proceeding may submit the data specified in this subdivision to the Judicial Council. (d)

(1) On or before January 1, 2027, the Judicial Council shall transmit to the Legislature a report detailing the information received pursuant to subdivision (

c) for all judgments, consent judgments, or court-approved settlement agreements rendered from January 1, 2025, to July 31, 2026, inclusive, in which damages were recovered pursuant to subdivision (b). The report shall comply with

Section of the Government Code.

(2) This subdivision shall become inoperative on January 1, 2030, pursuant to

Section 10231.5 of the Government Code, unless the Legislature takes action to extend or make its provisions permanent. (

e) This

section does not alter

Section 3333.2 of the Civil Code. (

f) This

section does not affect claims brought pursuant to

Chapter 11 (commencing with

Section 15600) of Part of Division of the Welfare and Institutions Code.