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In others words, just because a plaintiff passes away does not mean his or her case ends there. Currently, the California Code of Civil Procedure provides that a pending action does not abate by reason of the death of a party if the cause of action survives, and a cause of action for or against a person survives subject to the applicable limitations period unless otherwise provided by statute. The survivability of claims were further modernized in 1992 when the current statutes were enacted. In 1949, the Legislature provided classifications of specific survivable and nonsurvivable causes of action, which were then eliminated in 1961. The next step is to determine whether the claim survives death. The relevant sections apply to actions commenced or maintained on or after January 1, 1993, regardless of whether the decedent died on or before January 1, 1993. California Code of Civil Procedure, Part 2, Title 3, Article 3 governs when the decedent is a plaintiff whereas Article 4 governs when the decedent is a defendant. The analysis on what to do when a party to litigation dies first depends on whether the deceased individual is a plaintiff or a defendant.

Step 1 : Is the Decedent a Plaintiff or Defendant? Part 2 discusses when the deceased party is a defendant, and can be accessed by clicking here. This article, Part 1, will discuss what to do when a plaintiff dies. The following is a useful framework for a general step-by-step analysis on how to proceed with a survival claim following the death of a litigant. But determining how to proceed under the ambit of these rules can be daunting – even for the seasoned legal practitioner. What happens when a party to a pending litigation matter suddenly passes away? The answer lies within the statutory schemes of the California Code of Civil Procedure and the California Probate Code. While civil litigators in California may be prepared for a myriad of obstacles that may arise during the course of litigation, one complication that they may not anticipate is the death of a party.