Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
§ 367.Real Party In Interest
Title 3. Of the Parties to Civil Actions · Chapter 1. General Provisions · Last amended 1993 · Last verified July 28, 2026
In one sentenceSection 367 requires that every civil action be prosecuted in the name of the real party in interest -- the person or entity who holds the right being sued on -- unless another statute says otherwise.
Full Text of § 367
Plain-English Summary
Section 367 states the baseline rule for who gets to bring a lawsuit: the person prosecuting the action must be the one who holds the substantive right being enforced. A plaintiff cannot sue on a claim that belongs to someone else, absent a statute that says otherwise.
The rule protects defendants from having to litigate the same claim twice, first against a stand-in and then against the real claimant, and it protects the true owner of the claim from having a stranger control the outcome of litigation over the owner's rights. Because the rule yields to "otherwise provided by statute," it operates as a default rather than an absolute bar -- later sections in this chapter, such as § 369, list specific classes of representatives, trustees, and agents who may sue without joining the person they represent.
In practice, a real-party-in-interest challenge tests whether the named plaintiff has standing to enforce the particular right sued on, not merely whether the plaintiff has some general connection to the dispute.
Frequently Asked Questions
What does it mean to be the real party in interest under § 367?
It means holding the substantive right that the lawsuit seeks to enforce, rather than merely having some connection to the underlying dispute. Section 367 requires the action to be brought in that person's or entity's name.
Are there exceptions to the real-party-in-interest rule?
Yes. Section 367 applies except as otherwise provided by statute, and § 369 lists categories of representatives, such as personal representatives and trustees of express trusts, who may sue without joining the person they represent.
Can an assignee sue in its own name under this rule?
Generally yes -- once an assignment has taken place, the assignee becomes the real party in interest, though § 368 preserves any set-off or defense that existed before notice of the assignment.
What happens if a lawsuit is filed by someone who is not the real party in interest?
The defendant may raise the defect, and the action may need to be dismissed or amended to substitute the proper party, since § 367 requires the person prosecuting the claim to be the one who holds it.
Amendment History
Amended by Stats. 1992, Ch. 178, Sec. 10. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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