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4280 The filing of an amended pleading containing a cause of action for damages sustained by a decedent before his/her death (i.e., a survival or surviving personal injury action) does not relate back to the filing of an original complaint containing only a cause of action for the plaintiff's damage resulting from the decedent's death (i.e., wrongful death); enhanced remedies under the Elder Abuse Act are not available in a wrongful death action.CitationQUIROZ v SEVENTH AVE CTR (Death Actions) 140 CA4 1256 [See: CCP 377.60 etseq; W&IC 15600 etseq; Armijo v Miles 127 CA4 1405, T/AT 5/05; Norgart v Upjohn 21 C4 383, T/AT 9/99]
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