SECTIONS 378-384 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 378-384

378. (a) All persons may join in one action as plaintiffs if:
(1) They assert any right to relief jointly, severally, or in the
alternative, in respect of or arising out of the same transaction,
occurrence, or series of transactions or occurrences and if any
question of law or fact common to all these persons will arise in the
action; or
(2) They have a claim, right, or interest adverse to the defendant
in the property or controversy which is the subject of the action.
(b) It is not necessary that each plaintiff be interested as to
every cause of action or as to all relief prayed for. Judgment may be
given for one or more of the plaintiffs according to their
respective right to relief.

379. (a) All persons may be joined in one action as defendants if
there is asserted against them:
(1) Any right to relief jointly, severally, or in the alternative,
in respect of or arising out of the same transaction, occurrence, or
series of transactions or occurrences and if any question of law or
fact common to all these persons will arise in the action; or
(2) A claim, right, or interest adverse to them in the property or
controversy which is the subject of the action.
(b) It is not necessary that each defendant be interested as to
every cause of action or as to all relief prayed for. Judgment may be
given against one or more defendants according to their respective
liabilities.
(c) Where the plaintiff is in doubt as to the person from whom he
or she is entitled to redress, he or she may join two or more
defendants, with the intent that the question as to which, if any, of
the defendants is liable, and to what extent, may be determined
between the parties.

379.5. When parties have been joined under Section 378 or 379, the
court may make such orders as may appear just to prevent any party
from being embarrassed, delayed, or put to undue expense, and may
order separate trials or make such other order as the interests of
justice may require.

382. If the consent of any one who should have been joined as
plaintiff cannot be obtained, he may be made a defendant, the reason
thereof being stated in the complaint; and when the question is one
of a common or general interest, of many persons, or when the parties
are numerous, and it is impracticable to bring them all before the
court, one or more may sue or defend for the benefit of all.

384. (a) It is the intent of the Legislature in enacting this
section to ensure that the unpaid residuals in class action
litigation are distributed, to the extent possible, in a manner
designed either to further the purposes of the underlying causes of
action, or to promote justice for all Californians. The Legislature
finds that the use of funds collected by the State Bar pursuant to
this section for these purposes is in the public interest, is a
proper use of the funds, and is consistent with essential public and
governmental purposes.
(b) Except as provided in subdivision (c), prior to the entry of
any judgment in a class action established pursuant to Section 382,
the court shall determine the total amount that will be payable to
all class members, if all class members are paid the amount to which
they are entitled pursuant to the judgment. The court shall also set
a date when the parties shall report to the court the total amount
that was actually paid to the class members. After the report is
received, the court shall amend the judgment to direct the defendant
to pay the sum of the unpaid residue, plus interest on that sum at
the legal rate of interest from the date of entry of the initial
judgment, to nonprofit organizations or foundations to support
projects that will benefit the class or similarly situated persons,
or that promote the law consistent with the objectives and purposes
of the underlying cause of action, to child advocacy programs, or to
nonprofit organizations providing civil legal services to the
indigent. The court shall ensure that the distribution of any unpaid
residual derived from multistate or national cases brought under
California law shall provide substantial or commensurate benefit to
California consumers.
(c) This section shall not apply to any class action brought
against any public entity, as defined in Section 811.2 of the
Government Code, or against any public employee, as defined in
Section 811.4 of the Government Code. However, this section shall not
be construed to abrogate any equitable cy pres remedy which may be
available in any class action with regard to all or part of the
residue.