Amended by Stats. 1992, Ch. 178, Sec. 10. Effective January 1, 1993.
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
California Code of Civil Procedure — §§ 367-369.5
Amended by Stats. 1992, Ch. 178, Sec. 10. Effective January 1, 1993.
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
Added by Stats. 2019, Ch. 439, Sec. 1. (AB 800) Effective January 1, 2020.
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.
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.
trial, and other court proceedings that are open to the public.
(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.
affect other provisions or applications that can be given effect without the invalid provision or application.
Amended by Stats. 2024, Ch. 965, Sec. 1. (AB 2484) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.
conference, hearing, or proceeding or in the effective management or resolution of the particular case.
may appear remotely absent good cause to compel in-person testimony.
in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom.
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.
parties, except as provided in subparagraph (B), and if the witness has access to the appropriate technology.
this section, a party includes a nonparty subject to Chapter 6 of Title 4 of Part 4 (commencing with Section 2020.010).
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.
Amended by Stats. 2024, Ch. 51, Sec. 3. (AB 170) Effective July 2, 2024. Repealed as of January 1, 2027, by its own provisions.
(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.
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.
(d), (e), and (h), a party, counsel for a party, or witness may appear through the use of remote technology.
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.
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.
(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.
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.
alert the judicial officer of technology or audibility issues that arise during the proceedings.
the judicial officer and other courtroom participants.
Amended by Stats. 2024, Ch. 51, Sec. 4. (AB 170) Effective July 2, 2024. Repealed as of January 1, 2027, by its own provisions.
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.
Added by Stats. 2023, Ch. 34, Sec. 6. (SB 133) Effective June 30, 2023.
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.
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.
Added by Stats. 1992, Ch. 178, Sec. 11. Effective January 1, 1993.
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.
Amended by Stats. 1992, Ch. 178, Sec. 12. Effective January 1, 1993.
mortgage, a person with whom, or in whose name, a contract is made for the benefit of another.
Added by Stats. 1992, Ch. 178, Sec. 13. Effective January 1, 1993.
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.