Title 3. Of the Parties to Civil Actions · Chapter 5. Permissive Joinder · Last amended 1975 · Last verified July 28, 2026
In one sentenceSection 379 permits a plaintiff to name multiple defendants in one lawsuit when a right to relief against them arises from the same transaction and shares a common question, when they hold an adverse interest in the same property, or when the plaintiff is unsure which defendant owes redress.
(a)All persons may be joined in one action as defendants if there is asserted against them:
(1)Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action; or
(2)A claim, right, or interest adverse to them in the property or controversy which is the subject of the action.
(b)It is not necessary that each defendant be interested as to every cause of action or as to all relief prayed for. Judgment may be given against one or more defendants according to their respective liabilities.
(c)Where the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties.
Plain-English Summary
Section 379 is the mirror image of § 378, aimed at the defense side of a case. Subdivision (a) lets a plaintiff join several defendants together when the right to relief against them grows out of the same transaction or occurrence and a common question of law or fact runs through the claims against each, or when each defendant holds a claim or interest adverse to the plaintiff in the same property or controversy.
Subdivision (b) tracks § 378’s rule for plaintiffs: no defendant needs to be liable on every cause of action, and judgment can go against one, several, or all of them according to what the evidence shows against each.
Subdivision (c) covers a familiar problem — a plaintiff who is owed something but is not sure which of two or more people owes it. Rather than guessing and risking dismissal against the wrong party, the plaintiff may join them all and let the case sort out which defendant, if any, is liable and to what extent.
Frequently Asked Questions
Can I sue two people if I am not sure which one is responsible?
Yes. Subdivision (c) lets a plaintiff join two or more defendants when in doubt about who owes redress, so the court can determine liability among them.
Do all joined defendants have to be liable for the same amount?
No. Subdivision (b) allows judgment against one or more defendants according to their own respective liabilities.
What ties defendants together enough to join them in one case?
Either a right to relief arising from the same transaction with a common question of law or fact, or a shared adverse interest in the same property or controversy, under subdivision (a).
Can a court split up a case after several defendants are joined?
Yes. § 379.5 authorizes separate trials or other orders once defendants are joined under § 379, to prevent unfair prejudice or delay.
Amendment History
Amended by Stats. 1975, Ch. 1241.
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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