Senate Bill 447 (“S.B. 447”), which proposes a change to the current California law to allow recovery of noneconomic damages, such as pain and suffering, after a plaintiff dies is headed to the governor’s desk after the state Senate approved amendments by the Assembly.[1] Currently, California Code of Civil Procedure Section 377.34 limits damages solely to economic damages if a plaintiff dies before judgment enters.[2] As amended, the bill attempts to alter Section 377.34 and would no longer exclude noneconomic damages if the cause of action or proceeding was granted a preferential trial date before 2022, or if it was filed between January 1, 2022, and January 1, 2026. The call for change in procedure comes after lobbying from interest groups primarily consisting of plaintiff attorneys, who stand to benefit if this proposed legislation is enacted.
