California’s Code of Civil Procedure provides for a wrongful death cause of action in section 377.60 and for a decedent’s cause of action, one that survives the decedent’s death, in section 377.30.
The statutes call the person who died the decedent, and this article uses the term survival action to mean the decedent’s cause of action under section 377.30.
This article states what these statutes say about claims against private parties, such as people and companies. Claims against a city, a county, or another government agency are outside this article.
The wrongful death claim
Section 377.60 states who may bring a wrongful death claim. A cause of action for the death of a person caused by the wrongful act or neglect of another “may be asserted by any of the following persons or by the decedent’s personal representative on their behalf.” Under subdivision (a), the persons are the decedent’s surviving spouse, domestic partner, children, and issue of deceased children. If there is no surviving issue of the decedent, subdivision (a) names “the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.” If the parents of the decedent would be entitled to bring an action under subdivision (a) and are deceased, the legal guardians of the decedent, if any, may bring it as if they were the parents.
Subdivision (b)(1) of section 377.60 adds more persons if they were “dependent on the decedent,” whether or not they qualify under subdivision (a). They are the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. Subdivision (b)(2) defines putative spouse as “the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.”
Subdivision (c) of section 377.60 adds a minor, whether or not the minor qualifies under subdivision (a) or (b). The minor qualifies if, at the time of the decedent’s death, the minor “resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.”
Subdivision (f)(1) of section 377.60 defines domestic partner as “a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.”
The damages rule for a wrongful death action is in section 377.61. It says “damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34.” It also says “[t]he court shall determine the respective rights in an award of the persons entitled to assert the cause of action.”
The survival action
Section 377.20 addresses whether a cause of action is lost when a person dies. Subdivision (a) states “Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period.” Deadlines can depend on your situation and on who the claim is against. Consult an attorney.
Section 377.30 states where a surviving cause of action passes and who may commence the action. It says a cause of action that survives the death of the person entitled to commence an action “passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”
Section 377.11 defines the term successor in interest. It means “the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” Section 377.10 defines beneficiary of the decedent’s estate one way if the decedent died leaving a will and another way if the decedent died without leaving a will.
Under section 377.32, a person who seeks to commence an action as the decedent’s successor in interest “shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state.” The same section requires that “[a] certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.” Section 377.32 lists the statements the affidavit or declaration must contain.
What a survival action can recover
Subdivision (a) of section 377.34 states that in an action 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.”
Subdivision (e) of section 377.34 states “Nothing in this section alters Section 3333.2 of the Civil Code.” For that Civil Code section, see the firm’s article on it. Subdivision (f) of section 377.34 states “Nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.” The heading of Chapter 11 is the Elder Abuse and Dependent Adult Civil Protection Act. For that chapter, see the firm’s page on elder abuse cases.
Bringing both claims
Section 377.62 addresses bringing the two claims together. Subdivision (a) states “An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect.”
The two claims side by side
The chart below sets out each claim by the same three headings.
| Wrongful death claim | Survival action | |
|---|---|---|
| Statute | Section 377.60 | Section 377.30 |
| Who may bring it | The persons listed in section 377.60, or the decedent’s personal representative on their behalf. | The decedent’s personal representative or, if none, the decedent’s successor in interest, under section 377.30. |
| What it may recover | Damages that may be just under all the circumstances, but not damages recoverable under section 377.34, under section 377.61. | Limited to loss or damage the decedent sustained or incurred before death, not including pain, suffering, or disfigurement, under section 377.34, subdivision (a), subject to subdivision (f). |
Related reading
You can also read the firm’s pages on wrongful death cases and elder abuse cases, and its article on the medical malpractice damages cap in 2026.
See also: Hit by a Drunk Driver in California.
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