(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.
§ 369.5.Partnerships Or Other Unincorporated Association Sued In Name Assumed; Member Joined As Party; Judgment Against Member Based On Personal Liability
Title 3. Of the Parties to Civil Actions · Chapter 1. General Provisions · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 369.5 lets a partnership or other unincorporated association sue and be sued in its assumed or known name, and allows an individual member to be joined and held personally liable in a judgment against the association.
Full Text of § 369.5
(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.
Plain-English Summary
Section 369.5 removes a procedural obstacle for suing or being sued by informal or unincorporated groups. Rather than requiring every member of a partnership or unincorporated association to be individually named, the statute lets the group sue and be sued under whatever name it has assumed or is known by.
Subdivision (b) addresses individual liability. A member of the partnership or association can still be joined as a party in an action against the group, and if that member is personally served, a judgment against the member based on personal liability can be obtained in the same case, whether the underlying liability is joint, joint and several, or several.
Frequently Asked Questions
Can a partnership be sued without naming every individual partner?
Yes. Section 369.5(a) allows a partnership or other unincorporated association to sue and be sued in the name it has assumed or by which it is known.
Can an individual member of the association still face personal liability?
Yes. Subdivision (b) allows a member to be joined as a party, and if served individually, a judgment based on that member's personal liability can be entered in the same action.
Does it matter whether the members' liability is joint or several?
No. Section 369.5(b) applies regardless of whether the member's personal liability is joint, joint and several, or several.
Amendment History
Added by Stats. 1992, Ch. 178, Sec. 13. 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
Also known as: sue unincorporated association californiapartnership lawsuit name californiaindividual partner personal liability lawsuit