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 377.42
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 had the decedent lived except damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.
Notes
Allows recovery against a decedent’s personal representative or authorized successor in interest of all damages that could have been recovered from the decedent if alive. Exempts damages recoverable under the referenced Civil Code punitive-damages provision and all other punitive or exemplary damages from recovery in the action or proceeding.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 377.42 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3/chapter-4/article-4/section-377-42