An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against the party's representative.
§ 375.Action Not Abated By Disability; Continued By Or Against Representative
Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 375 provides that a party's disability does not cause an action or proceeding to abate, and the court, on motion, must allow the case to continue by or against that party's representative.
Full Text of § 375
Plain-English Summary
Section 375 is a short but important safety net. If a party becomes disabled during litigation -- in a way that requires a guardian, conservator, or guardian ad litem under § 372 -- the case does not end because of that disability.
On motion, the court must allow the action or proceeding to continue by or against the disabled party's representative, keeping the litigation on track rather than letting the party's incapacity extinguish claims or defenses that would otherwise survive.
Frequently Asked Questions
Does a party's disability end a pending lawsuit?
No. Section 375 states that an action or proceeding does not abate by the disability of a party.
How does the case proceed after a party becomes disabled?
On motion, the court allows the action or proceeding to be continued by or against the disabled party's representative, such as a guardian or guardian ad litem appointed under § 372.
Does § 375 identify who qualifies as a party's representative?
No. Section 375 speaks generally to continuing the action by or against the disabled party's representative; § 372 supplies the specific rules for guardians, conservators, and guardians ad litem who fill that role.
Amendment History
Added by Stats. 1992, Ch. 178, Sec. 17. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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