Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 6. Wrongful Death · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.62 allows a survival action under § 377.30 to be joined with a wrongful death action under § 377.60 arising from the same wrongful act or neglect, and allows a wrongful death action to be consolidated for trial with a continued survival action under § 377.31.
(a)An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect.
(b)An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for trial as provided in Section 1048.
Plain-English Summary
Section 377.62 confirms that the survival action and the wrongful death action arising from the same death do not have to be litigated as two separate lawsuits. A survival action commenced under § 377.30 may be joined with a wrongful death action brought under § 377.60, provided both arise out of the same wrongful act or neglect.
Subdivision (b) addresses the related situation where the decedent had already commenced the survival action before death: a wrongful death action under § 377.60 and a continued survival action under § 377.31 arising from the same wrongful act or neglect may be consolidated for trial under § 1048, letting one factfinder hear both claims together even though they remain legally distinct.
Frequently Asked Questions
Can a survival action and a wrongful death action be brought in the same lawsuit?
Yes. Section 377.62(a) allows a survival action under § 377.30 to be joined with a wrongful death action under § 377.60 when both arise from the same wrongful act or neglect.
What if the decedent already filed a survival action before dying?
Section 377.62(b) allows that continued action under § 377.31 to be consolidated for trial with a wrongful death action under § 377.60 arising from the same wrongful act or neglect, using the consolidation procedure in § 1048.
Does joining these two claims mean they are treated as one action for damages purposes?
No. The claims remain distinct even when joined or consolidated -- § 377.34 governs the survival action's damages and § 377.61 governs the wrongful death action's damages, and § 377.61 specifically excludes § 377.34 damages from the wrongful death recovery.
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:joining survival and wrongful death claims californiaconsolidating wrongful death and survival actionscombine survival action wrongful death lawsuit