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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

34-395 California Forms of Pleading and Practice--Annotated 395.syn




Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses and contains forms related to joinder of parties to a pending action and bringing additional parties into a pending action. Specifically, it examines permissive joinder of plaintiffs and defendants, separate trials and protective orders, discretionary joinder of an omitted party, compulsory joiner, joinder in a cross-action, procedural requirements, and review. In this section, the chapter distinguishes joinder and intervention, as well as capacity and standing to sue.

The chapter also discusses intervention of parties in a pending action. It examines the purpose and types of intervention, including permissive and mandatory intervention. It explains the time to intervene, the effect of intervention, procedural requirements, and review. Finally, the chapter includes a research guide, procedural checklist, and forms for use in both joinder and intervention proceedings.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Parties,Joinder,Intervention,Intervenor,Intervene,Capacity to Sue,Standing,Proper Parties,Necessary Parties,Indispensable Parties,Permissive Joinder,Discretionary Joinder,Compulsory Joinder,Joinder in Cross Actions,Permissive Intervention,Mandatory Intervention,Mode of Intervention,Omitted Party,Failure to Join,Misjoinder,Nonjoinder,Separate Trial,Protective Order


For forms of special demurrers raising the objection of lack of capacity to sue, a form of affirmative defense that the plaintiff lacks capacity to sue, and forms of demurrers raising the objection of misjoinder of parties, see Chapter 3, Abatement of Actions.

For forms for use in a proceeding for an order substituting a representative for a deceased party, see Chapter 21, Amended and Supplemental Pleadings.

For allegations raising the defense that a plaintiff assignor is not the real party in interest, see Chapter 60, Assignments.

For notice of motion and order for leave to file a cross complaint to bring in a new party, see Chapter 123, Complaints and Cross Complaints.

For a form of general demurrer raising the objection that a plaintiff lacks standing to sue, see Chapter 206, Demurrers and Motions for Judgment on the Pleadings.

For forms for use in proceedings for appointment of a guardian ad litem for a minor or incompetent person, see Chapter 291, Guardians ad Litem.


For memoranda of points and authorities in support of or opposition to intervention or joinder, see California Points & Authorities (Matthew Bender), Chapter 16, Amended and Supplemental Pleadings; Chapter 71, Demurrers and Motions for Judgment on the Pleadings; Chapter 124, Intervention; and Chapter 168, Parties.

For form of memorandum of points and authorities in support of intervention by a creditor or shareholder in an action for involuntary dissolution, see California Points & Authorities (Matthew Bender), Chapter 52, Corporations.

For form of memorandum of points and authorities in support of intervention in an action to set aside a default judgment, see California Points & Authorities (Matthew Bender), Chapter 70, Defaults, Default Judgments, and Relief from Judgments and Orders.

For discussion of parties, joinder, and intervention, see Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender), Chapter 5, Parties; and Chapter 31, Intervention.

For discussion of parties, joinder, and intervention in federal court proceedings, see Moore's Federal Practice-Civil (Matthew Bender), Chapter 17, Plaintiff and Defendant; Capacity; Public Officers; Chapter 19, Required Joinder of Parties; Chapter 20, Permissive Joinder of Parties; Chapter 21, Misjoinder and Nonjoinder of Parties; and Chapter 24, Intervention.
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