California Code of Civil Procedure 369 – (a) The following persons may sue without joining as parties the …
(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 in subdivision (a) of § 58 of the Probate Code.
Terms Used In California Code of Civil Procedure 369
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Probate: Proving a will
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
(2) A trustee of an express trust.
(3) Except for a person upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage, a person with whom, or in whose name, a contract is made for the benefit of another.
(4) Any other person expressly authorized by statute.
(b) Notwithstanding subdivision (a), 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 pursuant to Chapter 2 (commencing with Section 2920) of Title 14 of Part 4 of Division 3 of the Civil Code.
(Amended by Stats. 1992, Ch. 178, Sec. 12. Effective January 1, 1993.)