In an action against two or more persons who are jointly, jointly and severally, or severally liable on a contract, the court in which the action is pending has jurisdiction to proceed against such of the defendants as are served as if they were the only defendants.
§ 410.70.Action Against Persons Jointly, Jointly and Severally Or Severally Liable On Contract
Title 5. Jurisdiction and Service of Process · Chapter 1. Jurisdiction and Forum · Article 3. Jurisdiction in Action · Enacted 1610 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 410.70 lets a California court proceed against whichever jointly, jointly and severally, or severally liable defendants on a contract have been served, treating them as if they were the only defendants in the case.
Full Text of § 410.70
Plain-English Summary
Contract cases often name multiple defendants whose liability is joint, joint and several, or several. Section 410.70 addresses what happens when not all of them can be served. It provides that in an action against two or more persons liable on a contract in any of these ways, the court has jurisdiction to proceed against whichever defendants have been served, as if they were the only defendants in the action.
This lets a plaintiff move a case forward against the defendants already served rather than waiting on every co-defendant to be found and served before anything can happen. The unserved defendants remain outside the court’s jurisdiction until they are served or appear, but their absence does not stall proceedings against those who are properly before the court.
Frequently Asked Questions
If only some defendants on a contract claim have been served, can the case still move forward?
Yes. Section 410.70 gives the court jurisdiction to proceed against the served defendants as if they were the only defendants in the action, when the defendants are jointly, jointly and severally, or severally liable on a contract.
Does § 410.70 apply outside of contract claims?
No. The section is limited by its terms to actions against persons who are jointly, jointly and severally, or severally liable on a contract.
What happens to the unserved co-defendants under this section?
Section 410.70 does not bring unserved defendants into the court’s jurisdiction; it only lets the action proceed against the ones who have been served, leaving the others to be pursued once served or once they appear.
Amendment History
Added by Stats. 1969, Ch. 1610.
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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