On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.
Cal. Civ. Proc. Code § 377.31
Decedent’s Cause of Action
Applied in 2 court decisions — leading case Torres v. Bayer Corp. (2010)
Most recently applied in In Re Baycol Products Litigation (August 2010)
Added by Stats. 1992, Ch. 178, Sec. 20
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.