Bill Text: CA SB447 | 2021-2022 | Regular Session | Amended

California Senate Bill 447 (Prior Session Legislation)

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-Amended.html

Amended IN Senate March 05, 2021

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 amended, 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.~~ permit 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

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

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 any damages for pain, suffering, or disfigurement.~~ lived.