SECTIONS 367-369.5 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 367-369.5

367. Every action must be prosecuted in the name of the real party
in interest, except as otherwise provided by statute.

367.5. (a) It is the intent of this section to promote uniformity
in the procedures and practices relating to telephone appearances in
civil cases. To improve access to the courts and reduce litigation
costs, courts should, to the extent feasible, permit parties to
appear by telephone at appropriate conferences, hearings, and
proceedings in civil cases.
(b) Except as provided in subdivision (c), in all general civil
cases, as defined in the California Rules of Court, a party that has
provided notice may appear by telephone at the following conferences,
hearings, and proceedings:
(1) A case management conference, provided the party has made a
good faith effort to meet and confer before the conference as
required by law and has timely served and filed a case management
statement.
(2) A trial setting conference.
(3) A hearing on law and motion, except motions in limine.
(4) A hearing on a discovery motion.
(5) A conference to review the status of an arbitration or
mediation.
(6) A hearing to review the dismissal of an action.
(7) Any other hearing, conference, or proceeding if the court
determines that a telephone appearance is appropriate.
(c) The court may require a party to appear in person at a
hearing, conference, or proceeding listed in subdivision (b) if the
court determines on a hearing-by-hearing basis that a personal
appearance would materially assist in the determination of the
proceedings or in the effective management or resolution of the
particular case.
(d) Consistent with its constitutional rulemaking authority, the
Judicial Council shall adopt rules effectuating the policies and
provisions in this section by January 1, 2008, and may adopt rules
relating to matters not covered by subdivision (a). The rules may
prescribe, but are not limited to prescribing, the notice to be given
by a party requesting a telephone appearance under subdivision (a),
the manner in which telephone appearances are to be conducted, the
conditions required for a party to be permitted to appear by
telephone, and provisions relating to the courts' use of private
vendors to provide telephone services.
(e) This section does not apply to any types of cases or types of
conferences, hearings, and proceedings except those specified in
subdivision (b). Consistent with its constitutional rulemaking
authority, the Judicial Council may by rule provide for the
procedures and practices, and for the administration of, telephone
appearances for all types of cases and matters not specified in
subdivision (b). For these other cases and matters, the Judicial
Council may specify the types of cases and matters in which parties
may appear by telephone, the types of cases and matters in which
parties shall appear personally, the conditions under which a party
may be permitted to appear by telephone, and any other rules
governing telephone and personal appearances that are within its
rulemaking authority.

367.6. (a) On or before July 1, 2011, the Judicial Council shall
establish statewide, uniform fees to be paid by a party for appearing
by telephone, which shall supersede any fees paid to vendors and
courts under existing agreements and procedures. The fees to be paid
for telephone appearances shall include:
(1) A fee for providing the telephone appearance service pursuant
to a timely request to the vendor or court.
(2) An additional fee for providing services if the request is
made shortly before the hearing, as defined by the Judicial Council.
(3) A fee for canceling a telephone appearance request.
(b) If a party has received a waiver of fees pursuant to Article 6
(commencing with Section 68630) of Chapter 2 of Title 8 of the
Government Code, neither a vendor nor a court shall charge that party
any of the fees authorized by this section, subject to the
following:
(1) The vendor or court that provides the telephone appearance
service shall have a lien, as provided by rule of court, on any
judgment, including a judgment for costs, that the party may receive,
in the amount of the fee that the party would have paid for the
telephone appearance.
(2) If the vendor or court later receives a fee or a portion of a
fee for appearance by telephone that was previously waived, that fee
shall be distributed consistent with Section 72011 of the Government
Code.
(c) The fee described in this section shall be a recoverable cost
under Section 1033.5 of the Code of Civil Procedure.
(d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

367.6. (a) On or before July 1, 2011, the Judicial Council shall
establish statewide, uniform fees to be paid by a party for appearing
by telephone, which shall supersede any fees paid to vendors and
courts under existing agreements and procedures. The fees to be paid
for telephone appearances shall include:
(1) A fee for providing the telephone appearance service pursuant
to a timely request to the vendor or court.
(2) An additional fee for providing services if the request is
made shortly before the hearing, as defined by the Judicial Council.
(3) A fee for canceling a telephone appearance request.
(b) If a party has received a waiver of fees pursuant to Article 6
(commencing with Section 68630) of Chapter 2 of Title 8 of the
Government Code, neither a vendor nor a court shall charge that party
any of the fees authorized by this section, however, the vendor or
court that provides the telephone appearance service shall have a
lien, as provided by rule of court, on any judgment, including a
judgment for costs, that the party may receive, in the amount of the
fee that the party would have paid for the telephone appearance.
(c) The fee described in this section shall be a recoverable cost
under section 1033.5 of the Code of Civil Procedure.
(d) This section shall become operative on July 1, 2013.

368. 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; but
this section does not apply to a negotiable promissory note or bill
of exchange, transferred in good faith, and upon good consideration,
before maturity.

368.5. 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.

369. (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
Section 58 of the Probate Code.
(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.

369.5. (a) 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.
(b) 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.