§ 704.150.Cause of Action For Wrongful Death

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 704.150 exempts a wrongful death cause of action entirely without a claim, and exempts any resulting damages award or settlement to the extent reasonably necessary for the support of the debtor and the debtor's spouse and dependents.

Full Text of § 704.150

Text sizeJump to: (a) (b) (c)

(a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for wrongful death is exempt without making a claim.

(b) Except as provided in subdivision (c), an award of damages or a settlement arising out of the wrongful death of the judgment debtor's spouse or a person on whom the judgment debtor or the judgment debtor's spouse was dependent is exempt to the extent reasonably necessary for support of the judgment debtor and the spouse and dependents of the judgment debtor.

(c) Where an award of damages or a settlement arising out of the wrongful death of the judgment debtor's spouse or a person on whom the judgment debtor or the judgment debtor's spouse was dependent is payable periodically, the amount of such a periodic payment that may be applied to the satisfaction of a money judgment is the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

Plain-English Summary

This section mirrors § 704.140's personal injury protections, but for a wrongful death claim. The cause of action itself is fully exempt without a claim, again subject only to the fraudulent-transfer provisions in Article 5 of Chapter 6.

Once the claim becomes an award or settlement, protection narrows to what's reasonably necessary for the support of the debtor and the debtor's spouse and dependents. The wrongful death has to be that of the debtor's own spouse, or of a person on whom the debtor or the debtor's spouse was dependent — the exemption is tied to the debtor's own loss of support, not any wrongful death recovery in general.

As with personal injury settlements, a periodic payment from a wrongful death award or settlement is governed by the Wage Garnishment Law's withholding limits, the same way an equivalent amount of ordinary wages would be treated.

Frequently Asked Questions

Is a wrongful death claim protected from a creditor?

Yes. Section 704.150(a) exempts the cause of action itself without any claim, apart from the fraudulent-transfer provisions in Article 5 of Chapter 6.

Whose wrongful death does this exemption cover?

The wrongful death of the debtor's own spouse, or of someone the debtor or the debtor's spouse depended on for support.

Is the entire wrongful death settlement automatically exempt?

No. It's exempt only to the extent reasonably necessary for the support of the debtor and the debtor's spouse and dependents.

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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: wrongful death settlement exemption california