On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after January 1, 1993.
§ 377.35.Effective Date of Article
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 377.35 provides that Article 3 (governing the decedent's cause of action) applies on or after January 1, 1993 to commencing an action the decedent could have brought and to continuing an action the decedent already commenced, regardless of when the decedent died.
Full Text of § 377.35
Plain-English Summary
Section 377.35 is a timing rule for Article 3. It applies the article's commencement and continuation procedures to any action or proceeding started on or after January 1, 1993, and to the continuation of any action or proceeding the decedent had already commenced, without regard to whether the decedent died before, on, or after that date.
By anchoring the trigger to when the case is commenced or continued rather than to the date of death, the section avoids leaving older claims stuck under a prior procedural regime because the death occurred years earlier.
Frequently Asked Questions
Does it matter when the decedent died for Article 3 to apply?
No. Section 377.35 applies the article's procedures based on when the action is commenced or continued -- on or after January 1, 1993 -- regardless of whether the decedent died before, on, or after that date.
Does § 377.35 change any of the substantive rules in Article 3?
No. It only fixes the article's applicability date; the substantive commencement and continuation rules are set out in §§ 377.30 through 377.34.
What if the decedent died decades before the lawsuit is filed?
Section 377.35 still applies Article 3's procedures, since the trigger is when the action is commenced or continued on or after January 1, 1993, not when the decedent died.
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: effective date survival action article californiajanuary 1993 civil procedure death of party