TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367. - 389.5.]

Title 3 enacted 1872.

§§ 367–389.5 · 54 sections

1. CHAPTER 1. General Provisions §§ 367–369.5 · 10 sections

   • § 367 Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
   • § 367.3 (a) For purposes of this section, the following definitions apply: (1) “Identifying characteristics” means the name or any part thereof, address or any part…
   • § 367.75 (a) (1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it or its…
   • § 367.76 (a) (1) This section applies to proceedings in the following matters: (A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the…
   • § 367.8 (a) Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to…
   • § 367.10 Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules that include standards for when a judicial officer, in limited…
   • § 368 In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or…
   • § 368.5 An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or…
   • § 369 (a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted: (1) A personal representative, as defined…
   • § 369.5 (a) A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is…
2. CHAPTER 2. Married Person §§ 370–371 · 2 sections

   • § 370 A married person may be sued without his or her spouse being joined as a party, and may sue without his or her spouse being joined as a party in all actions.
   • § 371 If spouses are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the other spouse may defend for that spouse’s…
3. CHAPTER 3. Disability of Party §§ 372–376 · 8 sections

   • § 372 (a) (1) When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall…
   • § 372.5 (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section. (b) A person who applies for appointment as a…
   • § 373 When a guardian ad litem is appointed, he or she shall be appointed as follows: (a) If the minor is the plaintiff the appointment must be made before the…
   • § 373.5 If under the terms of a written instrument, or otherwise, a person or persons of a designated class who are not ascertained or who are not in being, or a…
   • § 374 (a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the…
   • § 374.5 A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section 372 or…
   • § 375 An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against…
   • § 376 (a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of…
4. CHAPTER 4. Effect of Death §§ 377.10–377.62 · 19 sections

   1. ARTICLE 1. Definitions §§ 377.10–377.11 · 2 sections

      • § 377.10 For the purposes of this chapter, “beneficiary of the decedent’s estate” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the…
      • § 377.11 For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds…
   2. ARTICLE 2. Survival and Continuation §§ 377.20–377.22 · 3 sections

      • § 377.20 (a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the…
      • § 377.21 A pending action or proceeding does not abate by the death of a party if the cause of action survives.
      • § 377.22 Nothing in this chapter shall be construed as affecting the assignability of causes of action.
   3. ARTICLE 3. Decedent’s Cause of Action §§ 377.30–377.35 · 6 sections

      • § 377.30 A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to…
      • § 377.31 On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be…
      • § 377.32 (a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this…
      • § 377.33 The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper…
      • § 377.34 (a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are…
      • § 377.35 On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation…
   4. ARTICLE 4. Cause of Action Against Decedent §§ 377.40–377.43 · 4 sections

      • § 377.40 Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that…
      • § 377.41 On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal…
      • § 377.42 In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on…
      • § 377.43 This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in…
   5. ARTICLE 5. Insured Claims § 377.50 · 1 section

      • § 377.50 An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate…
   6. ARTICLE 6. Wrongful Death §§ 377.60–377.62 · 3 sections

      • § 377.60 A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the…
      • § 377.61 In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable…
      • § 377.62 (a) An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect. (b) An action under…
5. CHAPTER 5. Permissive Joinder §§ 378–384.5 · 7 sections

   • § 378 (a) All persons may join in one action as plaintiffs if: (1) They assert any right to relief jointly, severally, or in the alternative, in respect of or…
   • § 379 (a) All persons may be joined in one action as defendants if there is asserted against them: (1) Any right to relief jointly, severally, or in the alternative,…
   • § 379.5 When parties have been joined under Section 378 or 379, the court may make such orders as may appear just to prevent any party from being embarrassed, delayed,…
   • § 382 If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the…
   • § 382.4 If a proposed settlement in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement, provides for the…
   • § 384 (a) It is the policy of the State of California to ensure that the unpaid cash residue and unclaimed or abandoned funds in class action litigation are…
   • § 384.5 If a judgment in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement that has been approved by a…
6. CHAPTER 6. Interpleader §§ 386–386.6 · 4 sections

   • § 386 (a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a…
   • § 386.1 Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in…
   • § 386.5 Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may,…
   • § 386.6 (a) A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or cross complaint a…
7. CHAPTER 7. Intervention §§ 387–388 · 2 sections

   • § 387 (a) For purposes of this section: (1) “Defendant” includes a cross-defendant. (2) “Plaintiff” includes a cross-complainant. (b) An intervention takes place…
   • § 388 In an action brought by a party for relief of any nature other than solely for money damages where a pleading alleges facts or issues concerning alleged…
8. CHAPTER 8. Compulsory Joinder §§ 389–389.5 · 2 sections

   • § 389 (a) A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be…
   • § 389.5 When, in an action for the recovery of real or personal property, or to determine conflicting claims thereto, a person not a party to the action but having an…