When parties have been joined under Section 378 or 379, the court may make such orders as may appear just to prevent any party from being embarrassed, delayed, or put to undue expense, and may order separate trials or make such other order as the interests of justice may require.
§ 379.5.Orders to Prevent Embarrassment, Delay Or Undue Expenses, For Separate Trials
Title 3. Of the Parties to Civil Actions · Chapter 5. Permissive Joinder · Enacted 1971 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 379.5 gives the court discretion, once parties are joined as plaintiffs or defendants under § 378 or § 379, to issue any order that appears just, including separate trials, to keep the joinder from embarrassing, delaying, or overburdening any party.
Full Text of § 379.5
Plain-English Summary
Joining several plaintiffs or defendants under § 378 or § 379 can make a case more efficient, but it can also create friction — one party’s evidence may confuse another party’s claim, or a defendant with a small stake may face costs out of proportion to what is at issue. Section 379.5 gives the court a release valve for exactly that situation.
Once parties have been joined under either joinder section, the court may make any order that appears just to prevent a party from being embarrassed, delayed, or put to undue expense by the joinder. That can mean ordering separate trials on particular issues or claims, or fashioning some other order the interests of justice call for.
This section does not undo the joinder itself; it manages it. The plaintiffs or defendants remain parties to the same action, but the court can carve out the pieces that do not belong together at trial.
Frequently Asked Questions
Does joining multiple parties under § 378 or § 379 mean they must all go to trial together?
Not necessarily. § 379.5 lets the court order separate trials for parties joined under either section if the joinder would otherwise cause prejudice, delay, or undue expense.
What kind of relief can a court order under this section?
The statute gives the court broad discretion — any order that appears just, including separate trials, to protect a party from the downside of joinder.
Who can ask for relief under § 379.5?
Amendment History
Added by Stats. 1971, Ch. 244.
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: separate trials california joinderpreventing prejudice from joinder californiasevering claims in a multi-party lawsuit