On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.
§ 377.31.Continuance of Action By Personal Representative Or Successor In Interest
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 3. Decedent's Cause of Action · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.31 requires the court, on motion after the death of a person who commenced an action or proceeding, to allow a pending case that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.
Full Text of § 377.31
Plain-English Summary
Section 377.31 covers the situation where the decedent was already the one who filed suit before dying. Once that person dies, the case does not stall -- on motion, the court must allow the pending action or proceeding to continue in the hands of the decedent's personal representative, or, if no personal representative exists, the decedent's successor in interest.
This is the continuation counterpart to § 377.30's commencement rule: § 377.30 covers starting a new lawsuit on a claim the decedent never got to file, while § 377.31 covers picking up a lawsuit the decedent already started.
Frequently Asked Questions
What happens to a lawsuit the decedent already filed before dying?
Section 377.31 requires the court, on motion, to allow the pending action to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.
Is a motion required to continue the case, or does it happen automatically?
A motion is required. Section 377.31 directs the court to allow the continuation on motion, rather than continuing the case without any request.
Can the case continue without anyone filing a motion?
No. Section 377.31 conditions continuation on a motion made after the decedent's death; the court does not substitute the personal representative or successor in interest on its own.
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: continuing lawsuit after plaintiff dies californiamotion to substitute decedent successor in interestpending case death of plaintiff california