CHAPTER 1. General Provisions [367. - 369.5.]

Cal. Code of Civil Procedure - CCP 1.

in effect

Cal. Code of Civil Procedure - CCP § 367. Section 367.

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

Cal. Code of Civil Procedure - CCP § 367.3. Section 367.3.

(a) For purposes of this section, the following definitions apply: (1) “Identifying characteristics” means the name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to other parties, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the protected person, from which the protected person’s identity can be discerned. (2) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or internet application, website, or platform account, including, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses. (3) “Protected person” means a person who is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (b) (1) A protected person who is a party in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the protected person and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the protected person. A protected person who proceeds using a pseudonym as provided in this section shall file with the court and serve upon all other parties to the proceeding a confidential information form for this purpose that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential. (2) In cases where a protected person proceeds using a pseudonym under this section, the following provisions shall apply, subject to sanction for an intentional violation: (A) Except as provided in subparagraph (B), all parties and their agents and attorneys shall use the pseudonym in all pleadings, discovery requests or discovery motion documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. (B) A party seeking discovery in which the true name of the protected person and identifying information must be divulged for the purposes of fair and reasonable discovery, may use the true name of the protected person and identifying information for purposes of that discovery. The discovery request and all information collected through the discovery process shall not be made public and, if filed in court, shall be subject to subparagraph (C). (C) (i) A party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the protected person from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision. (ii) A party excluding or redacting identifying characteristics shall file with the court and serve upon all other parties a confidential information form that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential. (D) Following final disposition of the proceedings a party in possession of any pleading, discovery document, or other document containing confidential information of the protected person obtained in the course of the action shall treat the documents as a nonpublic consumer record in accordance with Section 1798.81 of the Civil Code, subject to penalty for violations of that section. (E) If the protected person is a minor dependent or minor ward of the state, the minor’s parent, guardian, or attorney shall inform the minor’s social worker or probation officer of the minor’s participation in the action. The social worker or probation officer shall keep this information confidential. (3) The responsibility to exclude or redact identifying characteristics of the protected person from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance. (4) The court, on motion of the protected person, may order a record or part of a record to be filed under seal in accordance with Rules 2.550 and 2.551 of the California Rules of Court, as those rules may be amended. (c) In an action filed under this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CODE OF CIVIL PROCEDURE SECTION 367.3.” (d) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. This section does not limit or preclude a plaintiff from securing or recovering any other available remedy. (e) The Judicial Council shall coordinate with the Secretary of State to adopt or revise as appropriate rules and forms to implement this section, on or before January 1, 2021. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Cal. Code of Civil Procedure - CCP § 367.8. Section 367.8.

(a) Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting remote proceedings, as included under Sections 367.75 and 367.76 of this code, and Section 679.5 of the Welfare and Institutions Code, and all purchases and leases of technology or equipment to facilitate remote conferences, hearings, or proceedings. The report by each superior court and the Judicial Council shall specify all of the following for each annual reporting period: (1) The number of proceedings conducted with the use of remote technology. (2) Any superior court in which technology issues or problems occurred. (3) The superior courts in which remote technology was used. (4) The types of trial court conferences, hearings, or proceedings in which remote technology was used. (5) The cost of purchasing, leasing, or upgrading remote technology. (6) The type of technology and equipment purchased or leased. (7) Any other information necessary to evaluate the use of remote proceedings by the courts. (b) Each superior court shall report to the Judicial Council on or before October 1, 2025, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2025, and annually thereafter, the information identified in subdivision (a) to assess the impact of technology issues or problems affecting criminal remote proceedings, as included under Sections 977, 977.3, and 1043.5 of the Penal Code. (c) (1) By October 1, 2025, and annually thereafter, the court executive officer of each superior court shall certify to the Judicial Council, in a form and manner determined by the Judicial Council, that each courtroom of the superior court in which the court is conducting a remote proceeding meets the minimum standards for courtroom technology required pursuant to subdivision (o) of Section 367.76 of this code, subdivision (j) of Section 977 of the Penal Code, or subdivision (n) of Section 679.5 of the Welfare and Institutions Code. (2) By December 31, 2025, and annually thereafter, the Judicial Council shall report the information identified in paragraph (1) to the Legislature. (d) A report to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Cal. Code of Civil Procedure - CCP § 367.10. Section 367.10.

Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtroom.

Cal. Code of Civil Procedure - CCP § 367.75. Section 367.75.

(a) (1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it intends to appear remotely, a party may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology. (2) This section does not apply to any of the following type of proceedings: (A) Any proceeding in matters identified in paragraph (1) of subdivision (a) of Section 367.76. (B) A juvenile justice proceeding covered by Section 679.5 of the Welfare and Institutions Code. (b) Except as otherwise provided by law, the court may require a party or witness to appear in person at a conference, hearing, or proceeding described in subdivision (a), or under subdivisions (e) and (h), if any of the following conditions are present: (1) The court with jurisdiction over the case does not have the technology necessary to conduct the conference, hearing, or proceeding remotely. (2) Although the court has the requisite technology, the quality of the technology or audibility at a conference, hearing, or proceeding prevents the effective management or resolution of the conference, hearing, or proceeding. (3) The court determines on a hearing-by-hearing basis that an in-person appearance would materially assist in the determination of the conference, hearing, or proceeding or in the effective management or resolution of the particular case. (4) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the conference, hearing, or proceeding. (5) The quality of the technology or audibility at a conference, hearing, or proceeding prevents an attorney from being able to provide effective representation to the attorney’s client. (6) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits a court interpreter’s ability to provide language access to a court user or authorized individual. (c) Notwithstanding paragraph (3) of subdivision (b), an expert witness may appear remotely absent good cause to compel in-person testimony. (d) (1) Except as otherwise provided by law and subject to the limitations of subdivision (b), upon its own motion or the motion of any party, the court may conduct a trial or evidentiary hearing, in whole or in part, through the use of remote technology, absent a showing by the opposing party as to why a remote appearance or testimony should not be allowed. (2) (A) Except as provided in Section 269 of the Code of Civil Procedure and Section 69957 of the Government Code, if the court conducts a trial, in whole or in part, through the use of remote technology, the official reporter or official reporter pro tempore shall be physically present in the courtroom. (B) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom. (e) (1) Before the court with jurisdiction over the case may proceed with a remote conference, hearing, proceeding, or trial, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the conference, hearing, proceeding, or trial. (2) The court shall require that a remote appearance by a party or witness have the necessary privacy and security appropriate for the conference, hearing, proceeding, or trial. (3) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the conference, hearing, proceeding, or trial. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology. (f) The court shall not require a party to appear through the use of remote technology. If the court permits an appearance through remote technology, the court must ensure that technology in the courtroom enables all parties, whether appearing remotely or in person, to fully participate in the conference, hearing, or proceeding. (g) A self-represented party may appear remotely in a conference, hearing, or proceeding conducted through the use of remote technology only if they agree to do so. (h) Any juvenile dependency proceeding may be conducted in whole or in part through the use of remote technology subject to the following: (1) Any person authorized to be present may request to appear remotely. (2) (A) Any party to the proceeding may request that the court compel the physical presence of a witness or party. A witness, including a party providing testimony, may appear through remote technology only with the consent of all parties, except as provided in subparagraph (B), and if the witness has access to the appropriate technology. (B) A parent, child, nonminor dependent, or Indian tribe as defined in Section 224.1 of the Welfare and Institutions Code, may utilize remote technology for the appearance of an expert witness without the consent of all parties. (3) A court shall not require a party to appear through the use of remote technology. (4) The confidentiality requirements that apply to an in-person juvenile dependency proceeding shall apply to a juvenile dependency proceeding conducted through the use of remote technology. (i) (1) Notwithstanding Section 8613.5 of the Family Code, in an adoption proceeding under Division 13 (commencing with Section 8500) of the Family Code, the court may conduct an adoption finalization hearing, in whole or in part, through the use of remote technology, without the court finding that it is impossible or impracticable for either prospective adoptive parent to make the appearance in person. (2) A court shall not require a party to appear through the use of remote technology. (3) The confidentiality and privacy requirements that apply to an in-person adoption finalization hearing, including, but not limited to, the requirements in Section 8611 of the Family Code, apply to an adoption finalization hearing conducted through the use of remote technology. (j) For purposes of this section, a party includes a nonparty subject to Chapter 6 of Title 4 of Part 4 (commencing with Section 2020.010). (k) Subject to the limitations in subdivision (b), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties. ( l ) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section to promote statewide consistency, including, but not limited to, the following procedures: (1) A deadline by which a party must notify the court and the other parties of their request to appear remotely. (2) Procedures and standards for a judicial officer to determine when a conference, hearing, or proceeding may be conducted through the use of remote technology. The procedures and standards shall require that a judicial officer give consideration to the limited access to technology or transportation that a party or witness might have. (m) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Cal. Code of Civil Procedure - CCP § 367.76. Section 367.76.

(a) (1) This section applies to proceedings in the following matters: (A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, except for delinquency proceedings. (B) Involuntary treatment and conservatorships of gravely disabled persons under Chapter 1 (commencing with Section 5000), Chapter 2 (commencing with Section 5150), and Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, including Murphy conservatorships. (C) Contempt proceedings under Title 5 (commencing with Section 1209) of Part 3 of this code. (D) Mentally disordered offender proceedings under Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (E) Commitment proceedings under Section 1026, et seq. of the Penal Code. (F) Competency proceedings under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code. (G) Placement and revocation proceedings pursuant to Section 1600 et seq. of the Penal Code. (H) Involuntary medication and treatment hearings for individuals committed or awaiting admission to a State Department of State Hospitals facility as described in Section 4100 of the Welfare and Institutions Code. (2) This section does not apply to proceedings in matters brought pursuant to Sections 601 and 602 of the Welfare and Institutions Code. (b) For the purposes of this section, the following definitions apply: (1) “Person” means the person subject to any proceeding in matters described in paragraph (1) of subdivision (a). (2) “Proceeding” or “proceedings” includes, but is not limited to, all hearings, conferences, and trials in matters described in paragraph (1) of subdivision (a). (3) “Remote technology” means technology that provides for the two-way transmission of video and audio signals except that audio signals alone may be permitted where specifically authorized by law. Remote technology shall include, but not be limited to, a computer, tablet, telephone, cellular telephone, or other electronic or communications device. Notwithstanding the foregoing and subject to subdivision (h), the person subject to the proceeding, in consultation with counsel if represented, may, at their request, participate through audio-only technology. (c) Proceedings in matters arising under subdivision (a) may be conducted through the use of remote technology subject to the following: (1) A person has the right to be physically present for all proceedings and shall not be required to appear through the use of remote technology. (2) A person may waive their right to be physically present and may elect to appear remotely. (3) Except as provided in subdivisions (d), (e), and (h), a party, counsel for a party, or witness may appear through the use of remote technology. (4) The confidentiality requirements that apply to inperson proceedings shall apply with equal force and effect when conducted through the use of remote technology. (d) If the person is physically present in court the following shall apply: (1) Absent exceptional circumstances and except as provided in paragraphs (3) and (4), counsel for the person, counsel for the other party or parties, the other party or parties, and the judicial officer shall be physically present in the courtroom. (2) Except as provided in paragraphs (3) and (4) and paragraph (3) of subdivision (b) of Section 1370 of the Penal Code, absent a waiver by the person or a finding of good cause by the court, any witness the other party or parties calls shall be physically present in the courtroom. In determining whether good cause exists to excuse the physical presence of a witness, the court shall consider the distance the witness must travel, the nature of the testimony, and the nature of the proceeding. (3) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of Developmental Services shall not be required to be physically present in the courtroom absent a finding of good cause by the court. (4) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of State Hospitals shall not be required to be physically present in the courtroom in any nonjury trial matters or proceedings described in paragraph (1) of subdivision (a) absent a finding of good cause by the court. (e) Notwithstanding any other law, unless good cause exists, a court shall not compel the physical presence of the person who is a patient in a State Department of State Hospitals or State Department of Developmental Services facility or other inpatient or outpatient treatment facility absent consent of the person in consultation with counsel. In determining whether good cause exists to compel the physical presence of a patient, the court shall consider the nature of the hearing and whether requiring the physical presence of the patient would interfere with the person’s program of treatment or be detrimental to their mental or physical health. (f) (1) Until July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer except where the court finds that, as the result of unusual circumstances, this requirement would place extreme or undue hardship on the court or the litigants. For purposes of this paragraph, “unusual circumstances” means a work stoppage, a circumstance described in subdivision (a) of Section 68115 of the Government Code, an unforeseen emergency, court proceedings conducted in a remote court location to which a judicial officer is not regularly assigned to sit, or when a judicial officer has to travel to a location outside of a courthouse to conduct the proceeding. (2) Beginning July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer if the court cannot provide the technology standards described in subdivision (o). (g) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom. (h) (1) If any of the following conditions are present and cannot be resolved, the court shall not permit any party, counsel, or witness to appear or participate in proceedings through the use of remote technology, and shall continue any proceeding being conducted with the use of remote technology: (A) The court does not have the technology necessary to conduct the proceeding remotely. (B) Although the court has the requisite technology, the quality of the technology or audibility at a proceeding prevents the effective management or resolution of the proceeding. (C) The quality of the technology or audibility at a proceeding inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding. (D) The court reporter is unable to capture the verbatim record and certify a transcript of any proceeding that is conducted remotely, in whole or in part, to the same extent and in the same manner as if it were not conducted remotely. (E) The quality of the technology or audibility at a proceeding inhibits the ability of the person to understand or participate in the proceeding. (F) The quality of the technology or audibility at a proceeding inhibits counsel from being able to provide effective representation to the person. (G) The court does not have the technology necessary for secure, confidential communication between counsel and the person. (H) The quality of the technology or audibility at a proceeding inhibits a court interpreter’s ability to provide language access, including to communicate and interpret directly with the person and the court during the proceedings. (2) Except as provided in subdivision (e) or otherwise provided by law, the court may require a party or witness to appear in person at a proceeding if the court determines on a hearing-by-hearing basis that an inperson appearance would materially assist in the determination of the proceeding or resolution of the case. The court’s determination shall be based on the individual case before the court and shall be entered into the minutes or otherwise made on the record. In making its determination, the court shall consider the request of the person, the nature of the proceedings, and whether requiring the physical presence of the person would disrupt the person’s program of treatment or be detrimental to their mental or physical health. (3) The court shall not continue proceedings beyond statutory time limits pursuant to this section absent a waiver by the person in consultation with counsel. (i) Subject to the limitations in subdivision (h), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties. (j) Before the court may conduct proceedings through the use of remote technology, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the proceedings. (k) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the proceedings. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology. (l) A self-represented party may appear remotely in a proceeding conducted through the use of remote technology only if they agree to do so. (m) For purposes of this section, a party includes a nonparty subject to Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4. (n) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt such other rules and standards as are necessary to implement the policies and provisions of this section and the intent of the Legislature. (o) By April 1, 2024, the Judicial Council shall adopt, and trial courts shall implement by July 1, 2024, minimum standards for the courtroom technology necessary to permit remote participation in proceedings subject to this section. Those standards shall include, but not be limited to, hard-wired or other reliable high-speed internet connections in the courtroom for the judicial officer and court reporter, and monitors, dedicated cameras, speakers, and microphones so the judicial officer, court reporter, and court interpreter can appropriately see and hear remote participants, as well as to ensure that remote participants can appropriately see and hear the judicial officer and other courtroom participants. (p) Consistent with federal and California labor law, a trial court shall not retaliate or threaten to retaliate against an official reporter or an official reporter pro tempore who notifies the judicial officer that technology or audibility issues are impeding the creation of the verbatim record of a proceeding that includes participation through remote technology. This subdivision shall only apply to an official reporter and an official reporter pro tempore when they meet the definition of “trial court employee” under subdivision ( l ) of Section 71601 of the Government Code. (q) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Cal. Code of Civil Procedure - CCP § 368. Section 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.

Cal. Code of Civil Procedure - CCP § 368.5. Section 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.

Cal. Code of Civil Procedure - CCP § 369. Section 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.

Cal. Code of Civil Procedure - CCP § 369.5. Section 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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026