California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 3 — Of the Parties to Civil Actions, Chapter 4 — Effect of Death, Article 4 — Cause of Action Against Decedent, Section 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 not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.
Notes
Requires the court, on motion, to allow a nonabating pending action against a decedent to continue against the personal representative or, where authorized by statute, the successor in interest. Bars continuation against the personal representative until proof of compliance with the referenced Probate Code creditor-claim requirements is made.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 377.41 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3/chapter-4/article-4/section-377-41