If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
§ 382.Party Not Consenting to Joinder As Plaintiff Made Defendant
Title 3. Of the Parties to Civil Actions · Chapter 5. Permissive Joinder · Last amended 1971 · Last verified July 28, 2026
In one sentenceSection 382 lets a plaintiff name a reluctant co-plaintiff as a defendant instead, and separately lets one or more persons sue or defend for a numerous or common-interest group when bringing every member before the court is impracticable — the root of California’s class action statute.
Full Text of § 382
Plain-English Summary
Section 382 does two distinct things in one sentence, and the second is far better known than the first. The opening clause solves a narrow problem: if someone who should be joined as a plaintiff refuses to consent, the party bringing suit can name that holdout as a defendant instead, stating the reason in the complaint. That keeps a reluctant co-owner or co-claimant from blocking a case by staying silent.
The second clause is California’s class action statute. When a case involves a question of common or general interest shared by many people, or when the parties are so numerous that bringing them all before the court is impracticable, one or more persons may sue or defend for the benefit of the whole group. Everything California courts have built around class certification, adequacy of representation, and class notice traces back to this single clause.
Section 382 does not spell out the mechanics of certifying or managing a class action — that detail has developed through case law and the California Rules of Court. What the statute supplies is the underlying authority: a representative party can stand in for people who are never individually named or served, so long as the case involves a common interest and it is impracticable to bring everyone in.
Frequently Asked Questions
Is Section 382 California’s class action statute?
Yes. Its final clause — authorizing one or more persons to sue or defend for the benefit of all when parties are numerous or share a common interest — is the statutory basis for class actions in California.
What happens if a necessary co-plaintiff refuses to join a lawsuit?
Under § 382’s first clause, that person can be named as a defendant instead, with the complaint stating the reason the person would not consent to join as a plaintiff.
Does Section 382 spell out how to certify a class?
No. The statute supplies the underlying authority for representative litigation; the detailed requirements for certifying and managing a class action have developed through case law and court rules.
What must be true for one person to sue on behalf of a larger group under this section?
The case must involve a question of common or general interest among many people, or the parties must be so numerous that bringing them all before the court is impracticable.
Amendment History
Amended 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: california class action statuteccp 382 class actionrepresentative lawsuit californiaunwilling plaintiff made defendant californiasuing on behalf of a class california