General Provisions for Parties to Civil Actions

Part 2, Title 3, Chapter 1 of the Code of Civil Procedure contains general provisions for parties to civil actions in California. Section 367 provides that every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.

Section 367.3 provides definitions for the terms “identifying characteristics,” “online identifiers,” and “protected person.” A protected person who is a party in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the protected person and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the protected person.

A protected person who proceeds using a pseudonym as provided in this section is required to file with the court and serve upon all other parties to the proceeding a confidential information form for this purpose that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court must keep the confidential information form confidential. In cases where a protected person proceeds using a pseudonym under this section, the five specified provisions apply, subject to sanction for an intentional violation.

In addition, in an action filed under this section, the plaintiff is required to state in the caption of the complaint “ACTION BASED ON CODE OF CIVIL PROCEDURE SECTION 367.3.”

Section 367.10 requires the Judicial Council, consistent with its constitutional rulemaking authority, to adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtroom.

Section 368 states that, 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 before, notice of the assignment. This section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.

Section 368.5 provides that 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 proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.

Section 369 specifies that four specified persons may sue without joining as parties the persons for whose benefit the action is prosecuted. A trustee upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage may sue to exercise the trustee’s powers and duties.

Section 369.5 states that 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 known. In addition, a member of the partnership or other unincorporated association may be joined as a party in an action against the unincorporated association.

If service of process is made on the member as an individual, whether or not the member is also served as a person upon whom service is made on behalf of the unincorporated association, a judgment against the member based on the member’s personal liability may be obtained in the action, whether the liability is joint, joint and several, or several.