PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Joinder: Indispensable Parties
8 Cards On This Topic:
  • Joinder of indispensable parties.
  • Although court did not err in finding nonparty developer an indispensable party in admin. mandamus action, it erred in denying P leave to amend by erroneously finding the CCP §1094.6 applied to her action.
  • Indispensable party's failure to comply with the fictitious name statute does not estop it from relying on SOL where it was not served in a timely manner.
  • Court erred in not requiring P to join her co-equal shareholder brothers as indispensable parties in corporate litigation where brothers’ rights were necessarily affected by the judgment.
  • Order vacating FLARPL was void where W's former atty was not joined as an indispensable party, or notified of the proceeding, and thus could not be compelled to give up her interest in the FLARPL.
  • The seller and trustee are indispensable parties to a lawsuit which seeks to set aside a trustee’s sale in foreclosure.
  • Named parties had interest in Cal. Environmental Quality Act litigation sufficient to protect interests of parties not joined, and who were not, thus, indispensable.
  • Failure to join "indispensable party" is not jurisdictional defect; for equity and judicial convenience, ct. should not proceed where that party absent and cannot be joined.