A pending action or proceeding does not abate by the death of a party if the cause of action survives.
§ 377.21.Pending Action Or Proceeding
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 377.21 provides that a pending action or proceeding does not abate by the death of a party, so long as the underlying cause of action survives under § 377.20.
Full Text of § 377.21
Plain-English Summary
Section 377.21 applies the survival principle of § 377.20 specifically to cases that are already in progress. If a party to a pending action or proceeding dies, and the cause of action is one that survives, the case itself does not abate -- it does not end because of the party's death.
This section works together with §§ 377.31 and 377.41, which spell out how a surviving case continues: through the decedent's personal representative or successor in interest if the decedent was the one who commenced the action, or against the personal representative or successor in interest if the decedent was the one being sued.
Frequently Asked Questions
Does a lawsuit end automatically if a party dies while it is pending?
No. Section 377.21 states that a pending action or proceeding does not abate by the death of a party if the cause of action survives.
How does a case continue after a party's death?
Sections 377.31 and 377.41 set out the continuation procedure -- by or against the decedent's personal representative or successor in interest, depending on which side of the case the decedent was on.
Does § 377.21 itself decide who may continue the case?
No. It establishes only that the pending case does not abate; §§ 377.31 and 377.41 set out who may continue it.
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
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