Bill Text: CA SB447 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Civil actions: decedent’s cause of action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-01 - Chaptered by Secretary of State. Chapter 448, Statutes of 2021. [SB447 Detail]
Download: California-2021-SB447-Introduced.html
Bill Title: Civil actions: decedent’s cause of action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-01 - Chaptered by Secretary of State. Chapter 448, Statutes of 2021. [SB447 Detail]
Download: California-2021-SB447-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 447
Introduced by Senator Laird |
February 16, 2021 |
An act to amend Section 377.34 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
SB 447, as introduced, Laird.
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 limits the damages recoverable in that action or proceeding 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. Existing law prohibits the recovery of damages for the decedent’s pain, suffering, or disfigurement in that action or proceeding.
This bill would make a technical, nonsubstantive change to the latter provision.