Decedent’s Cause of Action

Cal. CCP § 377.34

California Statutes

(

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 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. (

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, 2026. (

c) A plaintiff who recovers damages pursuant to subdivision (

b) between January 1, 2022, and January 1, 2025, 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. (d)

(1) On or before January 1, 2025, 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, 2022, to July 31, 2024, 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, 2029, pursuant to

Section 10231.5 of the Government Code. (

e) Nothing in this

section alters

Section 3333.2 of the Civil Code. (

f) Nothing in this

section affects claims brought pursuant to

Chapter 11 (commencing with

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

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 377.34
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP377.34.202313118

Decedent’s Cause of Action

Cal. CCP § 377.34

California Statutes

Decedent’s Cause of Action

Cal. CCP § 377.34

California Statutes

(

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 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. (

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, 2026. (

c) A plaintiff who recovers damages pursuant to subdivision (

b) between January 1, 2022, and January 1, 2025, 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. (d)

(1) On or before January 1, 2025, 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, 2022, to July 31, 2024, 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, 2029, pursuant to

Section 10231.5 of the Government Code. (

e) Nothing in this

section alters

Section 3333.2 of the Civil Code. (

f) Nothing in this

section affects claims brought pursuant to

Chapter 11 (commencing with

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

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 377.34
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP377.34.202313118