The 2023 Florida Statutes (including Special Session C)
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. . . RCHSD argues that California’s survival statute, California Code of Civil Procedure section 377.34, applies . . . Proc. § 377.34 (“In an action or proceeding by a decedents personal representative or successor in interest . . .
. . . . § 377.34; Cal. Civ. Code. § 52; see also Sullivan v. . . .
. . . Code § 377.34. . . . Shortly after entry of judgment, this court held that § 377.34 limits recovery too severely to be consistent . . .
. . . Code § 377.34 ("In an action ... by a decedent’s ... successor in interest ..., the damages recoverable . . . Code § 377.34. . . .
. . . See Cal.Civ.Proc.Code § 377.34. . . . Cal.Civ.Proc.Code § 377.34. . . . Section 377.34 limits damages in survival actions to the victim’s pre-death economic losses. . . . In cases where the victim dies quickly, there often will be no damage remedy at all under § 377.34. . . . Three of our sister circuits have addressed state laws comparable to § 377.34. . . .
. . . . § 377.34), state a claim under Title IX to the extent they seek emotional damages (pain, suffering, . . . Proc. § 377.34. . . .
. . . fraudulent, or malevolent manner, the Act also eliminates the damages limitation set forth in section 377.34 . . .
. . . . §§ 377.20, 377.34, 377.60, 377.62. . . . .
. . . . § 377.34 (“§ 377.34”), which expressly disallows damages for pain and suffering. . . . Government Code § 845.6, and that it did not include any arguments regarding the applicability of § 377.34 . . . Proc. §§ 377.30, 377.34. . . . Cal.Civ.Proc.Code § 377.34. Section 1983 does not “address directly the question of damages[.]” . . . Notably, a majority of California district courts faced with the issue of whether § 377.34 precludes . . .
. . . Pain and Suffering Subsection 377.34 of the California Code of Civil Procedure prohibits recovery for . . . As Plaintiffs note, district courts in California have split on the issue of whether an section 377.34 . . . (E.D.Cal.2002) holding that California’s prohibition of recovery for hedonic damages under section 377.34 . . .
. . . Specifically, “[t]he Eastern District has consistently held that § 377.34 [of the California Code of . . . Cal.Civ.Proc.Code § 377.34 (emphasis added). . . .
. . . . § 377.34. . . .
. . . . § 377.34 (“In an action or proceeding by a decedent’s personal representative or successor in interest . . .
. . . Code § 377.34; emphasis altered). . . .
. . . . § 377.34 (“In an action or proceeding by a decedent’s personal representative or successor in interest . . .
. . . (b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable . . . California Code of Civil Procedure section 377.34 states that: In an action or proceeding by a decedent . . .
. . . . § 377.34. There is a split of authority on the issue of the applicability of Cal. Civ. . . . . § 377.34., among the District Courts of California. . . . The Eastern District has consistently held that § 377.34 is not inconsistent with Section 1983, and has . . . Conversely, courts in the Southern, Central, and Northern Districts have opted not to apply § 377.34, . . . P.Code § 377.34, the Court in Venerable noted, “The legislature could well conclude that recovery for . . .
. . . . § 377.34. There is a split of authority on the issue of the applicability of Cal. Civ. . . . . § 377.34., among the District Courts of California. . . . The Eastern District has consistently held that § 377.34 is not inconsistent with Section 1983, and has . . . Conversely, courts in the Southern, Central, and Northern Districts have opted not to apply § 377.34, . . . Code § 377.34, the Court in Venerable noted, “The legislature could well conclude that recovery for the . . .
. . . . § 377.34, [which] does not allow recovery for the decedent’s loss of enjoyment of life, or the decedent . . .
. . . Provencio found: The deterrent purpose of Section 1983 is satisfied by the fact that Section 377.34 allows . . . that the Estate’s claims for pain and suffering damages and hedonic damages are precluded by Section 377.34 . . . representative of the estate and for a wrongful death action by the decedent’s heirs, Provencio found that § 377.34 . . .
. . . Cal.Civ.Proc.Code § 377.34 (emphasis added). . . . Section 377.34 does not permit recovery for emotional distress upon the death of the person allegedly . . .
. . . . § 377.34). . . .
. . . Cal.Civ.Proc.Code § 377.34 (2007) ("In an action or proceeding by a decedent's personal representative . . . ” damages arising out of a wrongful death action do not include those damages allowed under Section 377.34 . . .
. . . Cal.Civ.Proc.Code § 377.34 ("In an action or proceeding by a decedent's personal representative ..., . . . ” damages arising out of a wrongful death action do not include those damages allowed under Section 377.34 . . .
. . . The California survivor statute, section 377.34 of the Code of Civil Procedure, bars successors in a . . . Proc § 377.34. . . . Pursuant to California Code of Civil Procedure section 377.34, the Estate of Cammerin Boyd— which is . . . Plaintiffs claims of Intentional and Negligent Infliction of Emotional Distress are barred by section 377.34 . . .
. . . Code of Civil Procedure § 377.34. . . .
. . . P.Code § 377.34. . . . P.Code § 377.34 does not conflict with § 1983 in case where constitutional violation caused decedent’ . . . Wallenstein, 769 F.2d 1173, 1187-90 (7th Cir.1985) (refusing to apply statute similar to § 377.34 in§ . . . P.Code § 377.34. . Of course, there is also the deterrence provided by the criminal law. . . .
. . . suffering damages and do not survive the death of a decedent under the California survival statute [C.C.P. 377.34 . . .
. . . Second, the majority misconstrues California’s survival statute, Cal.Civ.Proc.Code § 377.34, which limits-the . . . Under the plain language of section 377.34, Mr. Sposato is limited to the loss that Ms. . . . Cal.Civ.Proc.Code § 377.34. EDS would have this court deny Ms. . . . As presently enacted, Section 377.34 provides that virtually all causes of action survive a decedent’ . . . Cal.Civ.Proc.Code § 377.34. . . . Consistent with the apparent intent of the Legislature, California courts have interpreted Section 377.34 . . .
. . . . § 377.34. . . . However, section 377.34 specifically excludes a survivor’s recovery of damages for pain, suffering, or . . . Thus, plaintiff may be able to recover those damages allowed under section 377.34 as well as sections . . .
. . . Cal.Civ.Proc.Code § 377.34; Sullivan v. . . .
. . . deterrent purpose of section 1983 is satisfied by the fact that California Code of Civil Procedure, section 377.34 . . . California Code of Civil Procedure section 377.34 provides, . . . .
. . . California’s survivorship statute is found at Cal.Civ.Proc.Code § 377.34. . . .
. . . survival of certain actions but barring recovery for decedent’s pain and suffering); Cal.Civ.Proc.Code § 377.34 . . .
. . . However, section 377.34 limits the recoverable damages to loss or damages the decedent incurred before . . . Finally, having found that section 377.34 is inconsistent with the purposes of section 1983 of the federal . . . Section 377.34 permits economic damages and punitive damages and to that extent it is not inconsistent . . . summary judgment and holds that the California survivorship statutes as provided in sections 377.20 and 377.34 . . .