PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Joinder: Compulsory
 14 Cards On This Topic:
  • Person must be joined if in his absence complete relief cannot be accorded among those already parties, or his interest subject to impairment, or existing parties to multiplicity of suits.
  • One who has interests allied with P and should be coP may be joined as a D [involuntary P] if there is a refusal to consent to being coP; complaint must state reasons.
  • Ps need not join Apple's antitrust coconspirator ATTM under Rule 19 where complete relief would be possible without joining ATTM and Apple could not show ATTM had a legally protected interest in the action.
  • Where P claims internal defects in a smartphone are the sole cause of its failure to perform as advertised, the network carrier for the phone is not a necessary party to the lawsuit; D's demurrer reversed.
  • Though Court of Appeal had no jurisdiction to review denial of intervention application, parent “plainly has a stake in the outcome of this lawsuit” and “should have been joined as a party.”
  • Tortfeasor waives "one action" rule protection when it settles a wrongful death action that does not include an heir made a nominal defendant per CCP 382, but not served S&C.
  • Indispensable party (one whose rights necessarily affected by judgment) must be joined before running of statute of limitations.
  • In determining if potential P should be joined, ct. must consider whether absence would subject D to substantial risk of duplicate or multiple liabilities.
  • If ct. determines person is "indispensable party" to action, and joinder not possible, dismissal may be appropriate under Code Civ. Proc. §389.
  • Party who should be joined as P in wrongful death action may be sued as nominal D under Code Civ. Proc. 382.
  • One who is made an involuntary D when s/he should be a P is regarded as an involuntary P.
  • Failure to join "indispensable party" is not jurisdictional defect; for equity and judicial convenience, ct. should not proceed where that party absent and cannot be joined.
  • Application for joinder as necessary party may be brought by existing or omitted party.
  • Challenging joinder defect by special demurrer.


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