(a) 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.
§ 377.20.Generally
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 2. Survival and Continuation · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.20 states the chapter's core survival principle: a cause of action for or against a person is not lost because that person dies, but survives subject to the applicable limitations period, even when the loss or damage occurs at or after the death of the person who would have been liable.
Full Text of § 377.20
(b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person's death had not preceded or occurred simultaneously with the loss or damage.
Plain-English Summary
Section 377.20 is the general survival rule that everything else in this chapter builds on. Unless another statute says otherwise, death does not extinguish a cause of action -- whether the claim is for or against the person who died. The claim survives, but it remains subject to whatever limitations period would otherwise apply to it.
Subdivision (b) closes a potential loophole: the survival rule applies even when the loss or damage occurs simultaneously with, or after, the death of the person who would have been liable had that person's death not occurred first or at the same time. In other words, a defendant's death does not prevent a claim from existing in the first place, even for harm that manifests after that defendant has already died.
Frequently Asked Questions
Does a person's death wipe out a lawsuit they could have brought or defended?
No. Section 377.20(a) states that a cause of action is not lost by reason of a person's death; it survives, subject to the applicable statute of limitations.
What if the harm happens after the person who would be liable has already died?
Section 377.20(b) still applies the survival rule in that situation, treating the claim as surviving even though the loss or damage occurred simultaneously with or after the liable person's death.
Are there exceptions to this general survival rule?
Yes. Section 377.20(a) applies except as otherwise provided by statute, so a specific statute can still cause a particular type of claim not to survive.
Amendment History
Added by Stats. 1992, Ch. 178, Sec. 20. 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
Also known as: survival of cause of action californiadoes a lawsuit die with the plaintiff californiasurvival action california statute