Does the estate of a deceased plaintiff have the right to recover punitive damages in a survivor action?

The right to recover punitive damages on behalf of the decedent in a survivor action belongs to the decedent's representative and not to his heirs. Estate of McNeil v. Freestylemx.com, Inc., ___ F. Supp.3d ___, 2016 WL 1394262, at *13 (S.D. Cal. Apr. 8, 2016). Under section 377.34 the damages the decedent's representatives may recover are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or

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punitive or exemplary damages. . . ." Cal. Civil Proc. Code 377.34.