PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........Special Demurrer
............Defect or Misjoinder of Parties
7 Cards On This Topic:

Defect or misjoinder of parties is ground for demurrer.

As two couples' claims against doctor for separate assaults on wives did not arise out of same transaction, CCP 378 joinder improper; joinder against med. grp. proper where predicated upon its direct negligence in hiring and supervising doctor.

Trial court did not abuse its discretion in sustaining demurrers and dismissing action for failure to name indispensable parties before SOL ran.

Because court could award complete relief without joinder of all parties, and their absence would not harm anyone's protectible interests, court erred in sustaining demurrers for nonjoinder.

Sustaining demurrer based on party misjoinder improper when Ps assert right to relief arising out of same transaction or occurrence and common issues of law or fact abound.

Ps’ failure to join bankruptcy trustee as indispensable party to derivative cause of action warranted sustaining of demurrer and granting of motion to dismiss.

Abuse of discretion to dismiss complaint without leave to amend after sustaining demurrer based on failure to join indispensable party; amendment could remedy defect.