What is the difference between a renewal of judgment and a post-judgment action?

To further demonstrate the distinction between a post-judgment proceeding such as an appeal, and a renewal of judgment, it helps to consider why provisions such as section 377.31 and 377.32 are necessary in the first place. Because a court may only determine the rights of a party over which it has jurisdiction, "[t]raditionally, [the] death of a party . . . abated a civil action; but if the underlying cause of action survived, the action could be 'revived' by substituting the decedent's personal representative into the case." (County of Santa Clara v. Escobar (2016) 244 Cal.App.4th 555, 566, fn. 6.) Section 377.32 "[l]iterally . . . does not require that the affidavit be filed as a condition precedent to commencing or continuing [an action that is deemed to survive a party's death]. However, failure to file the affidavit could possibly subject the action to a plea in abatement."

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