The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent's successor in interest as a special administrator or guardian ad litem.
§ 377.33.Orders Ensuring Proper Administration
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 377.33 lets the court make any order concerning parties that is appropriate to ensure proper administration of justice in a case commenced or continued under this article, including appointing the decedent's successor in interest as a special administrator or guardian ad litem.
Full Text of § 377.33
Plain-English Summary
Section 377.33 gives the court flexibility to manage a survival action once it is commenced or continued under this article. It is not limited to a fixed list of remedies -- the court may make whatever order concerning the parties is appropriate to keep the case properly administered.
The statute specifically mentions one available tool: appointing the decedent's successor in interest as a special administrator or a guardian ad litem, giving the court a way to formalize that person's role in the litigation when doing so serves the case's proper administration.
Frequently Asked Questions
Can the court appoint the decedent's successor in interest to a formal role in the case?
Yes. Section 377.33 allows the court to appoint the decedent's successor in interest as a special administrator or guardian ad litem when it is appropriate to ensure proper administration of the case.
Is the court limited to specific remedies under this section?
No. The statute allows any order concerning parties that is appropriate to ensure proper administration of justice in the case, not only the special-administrator or guardian-ad-litem appointment it mentions by name.
Does § 377.33 require a dispute among potential successors before the court can act?
No. The court's authority to make orders concerning parties, including appointing a special administrator or guardian ad litem, is available whenever it is appropriate to ensure the case is properly administered, not only when a dispute arises.
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: court order administration survival action californiaspecial administrator appointment lawsuitguardian ad litem successor in interest