CaliforniaCivil actions: decedent's cause of action.
What it does
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.
More detail
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.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Sep 13Ordered to inactive file on request of Assembly Member Aguiar-Curry.Latest
- Sep 10Ordered to third reading.Minor
- Sep 10Withdrawn from committee.Major
- Sep 10Assembly Rule 96 suspended. (Ayes 55. Noes 18. Page 3163.)
- Sep 9From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.Major
- Aug 29August 29 hearing postponed by committee.
- Aug 20August 20 set for first hearing. Placed on APPR. suspense file.
- Jul 9From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (July 8). Re-referred to Com. on APPR.Minor
- Jul 9Coauthors revised.
- Jul 8
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 16Referred to Com. on JUD.Minor
- Jun 5In Assembly. Read first time. Held at Desk.Minor
- Jun 4Read third time. Passed. (Ayes 21. Noes 10. Page 1516.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading. Result: pass.Upper
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 23From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1188.) (May 23).Major
- May 16Set for hearing May 23.
- Apr 21April 21 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 4Set for hearing April 21.
- Apr 2From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 609.) (April 1). Re-referred to Com. on APPR.Minor
- Apr 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Mar 13Set for hearing April 1.
- Jan 29Referred to Coms. on JUD. and APPR.Minor
- 2024
- Dec 3From printer. May be acted upon on or after January 2.
- Dec 2Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced