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Code of Civil Procedure - CCP - CCP § 377.30

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.30

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, 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

Code of Civil Procedure - CCP - CCP § 377.31

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.31

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.

Code of Civil Procedure - CCP - CCP § 377.32

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.32

(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state statin

Code of Civil Procedure - CCP - CCP § 377.33

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.33

The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or

Code of Civil Procedure - CCP - CCP § 377.34

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.34

(a) 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 o

Code of Civil Procedure - CCP - CCP § 377.35

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.35

On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after Janua

Code of Civil Procedure - CCP - CCP § 377.40

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.40

Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the deced

Code of Civil Procedure - CCP - CCP § 377.41

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.41

On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may n

Code of Civil Procedure - CCP - CCP § 377.42

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.42

In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent

Code of Civil Procedure - CCP - CCP § 377.43

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.43

This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in interest, or to the making of a motion on or after January 1, 1993, to continue a pending action or proceeding against t

Code of Civil Procedure - CCP - CCP § 377.50

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.50

An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate as provided in Chapter 1 (commencing with Section 550) of Part 13 of Division 2 of the Probate Code.

Code of Civil Procedure - CCP - CCP § 377.60

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.60

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: (a) The decedent’s surviving spouse, domestic partner, children, and issue of

Code of Civil Procedure - CCP - CCP § 377.61

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.61

In an action under this article, 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. The court shall determine the respective rights in an award of the persons entitled to assert the caus

Code of Civil Procedure - CCP - CCP § 377.62

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 377.62

(a) 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. (b) An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for tria

Code of Civil Procedure - CCP - CCP § 378

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 378

(a) All persons may join in one action as plaintiffs if: (1) They assert any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact co

Code of Civil Procedure - CCP - CCP § 379

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 379

(a) All persons may be joined in one action as defendants if there is asserted against them: (1) Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any qu

Code of Civil Procedure - CCP - CCP § 379.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 379.5

When parties have been joined under Section 378 or 379, the court may make such orders as may appear just to prevent any party from being embarrassed, delayed, or put to undue expense, and may order separate trials or make such other order as the interests of justice may require.

Code of Civil Procedure - CCP - CCP § 38

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 38

Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of appeal, the court of appeal district. (b) As it relates to a superior court, the county.

Code of Civil Procedure - CCP - CCP § 382

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 382

If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, an

Code of Civil Procedure - CCP - CCP § 382.4

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 382.4

If a proposed settlement in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement, provides for the distribution of money or any other thing of value to a person or entity that is not a party to the action, an attorney f

Code of Civil Procedure - CCP - CCP § 384

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 384

(a) It is the policy of the State of California to ensure that the unpaid cash residue and unclaimed or abandoned funds in class action litigation are distributed, to the fullest extent possible, in a manner designed either to further the purposes of the underlying class action o

Code of Civil Procedure - CCP - CCP § 384.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 384.5

If a judgment in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement that has been approved by a court, provides for a distribution of money or any other thing of value to a person or entity that is not a party to the

Code of Civil Procedure - CCP - CCP § 386

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 386

(a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for

Code of Civil Procedure - CCP - CCP § 386.1

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 386.1

Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in an insured interest-bearing account. Interest on such amount shall be allocated to the parties in the same proportion as t

Code of Civil Procedure - CCP - CCP § 386.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 386.5

Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting dem