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Permissive Joinder

Joinder is a mechanism through which parties and claims are included in the ongoing proceedings. A claimant who enters into a case by suing an accused start with the usual litigation scenario. The claimant is seeking some form of relief from a lawsuit against the defendant. Sometimes, however, other parties play a part in the lawsuit, or other legal claims that arise from the same dispute may arise.

Joinder may be asked to merge these parties and arguments in these circumstances. As always, it must be checked correctly that authority over the parties and complaints can be gained before it is attempted to take part.

In case the allegations arise from the same circumstances and include the same legal issues, the Code of Civil Procedure of California allows the joinder of the parties.

Two or more claimants may join and sue an accused. Instead, two or more defendants may be sued by a plaintiff. The joint of the parties under the Code of Civil Procedure of California is unnecessary and is often called a “permissive joinder”.

Originally, it is the plaintiff’s responsibility to decide whether two or more defendants should engage in a case or in separate proceedings.

According to Section 378 of the Code of Civil Procedure of California:

All persons can participate as complainants in one action if:

  • They claim their right to remedy in the form of or arising from a single transaction, event or sequence of transactions or events, together or in a separate way, and where any question of law or common to all of those persons occurs in the acts, or
  • they have a statement, right, or interest that is adverse to the defendant in the property or dispute that is the object of the action.

Also, every claimant should not be concerned about any cause for action or all relief for which he has been prayed. Any or more claimants may be treated in accordance with their respective rights of relief.

According to Section 379 of the Code of Civil Procedure of California:

All individuals may be included as defendants in one court when they are asserted:

  • The right to relieve all of the transactions, event, the sequence of transactions or occurrences and, if any question of law or fact common to all such persons occurs in relation to the same transaction and/or as a consequence of the same transaction and occurrence; and/ or
  • a claim, right, or interest adverse to these persons in the property or dispute subject to the action.

If parties are adhered to by Sections 378 or 379 Code of Civil Procedure of California, the court shall be entitled to make certain orders appearing solely to prevent a party from being insulted, hindered, or misused and may order separate proceedings or order the other parties as may be necessary by the interests of the court.

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