US Laws, Codes, Statutes & Cases

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



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.