Grant vs Mcauliffe

41 Cal. 2d 859
TRAYNOR, J.

FACTS:
Pullen was the negligent driver of an automobile and a resident of California who died in
a vehicular accident in Arizona. Pulled died and McAuliffe was the administrator of
Pullen's properties. Grant, the petitioner, also a resident of California, was injured by the
accident and sought for damages.

Under California law, tort actions survive the tortfeasor’s death, however, under Arizona
law they do not. Petitioner states that the Arizona law applies since this is a substantive
and not a procedural issue. Respondent states that the issue is procedural and so, the
law of the forum must apply.

ISSUE: Whether or not a survival statute as to tort actions is a substantive law

RULING:
THE COURT RULED IN THE NEGATIVE.

The issue is procedural and therefore, it must follow the law of the forum. All the parties
were residents of California and the estate of the deceased was administered in
California, and thus, the cause of action must be governed by the law of California.
Survival is not an essential part of the cause of action itself but relates to the procedures
available for the enforcement of the legal claim for damages. Basically the question is
one of the administration of decedents' estates, which is a purely local proceeding