In the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by statute or rule of the Judicial Council, in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.
§ 422.40.Title of Action In Complaint
Title 6. Of the Pleadings In Civil Actions · Chapter 1. The Pleadings in General · Enacted 1971 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 422.40 requires a complaint's title to name every party, while later pleadings may name only the first party on each side plus an indication that others are involved, unless a statute or Judicial Council rule says otherwise.
Full Text of § 422.40
Plain-English Summary
Section 422.40 sets a naming rule that shifts as a case moves forward. The complaint — the document that opens the action — must list every party's name in its title. That full listing is what puts the world on notice of exactly who is suing whom.
Later pleadings do not have to repeat the whole roster. It is enough to name the first party on each side and add an appropriate indication that other parties exist, unless a statute or a Judicial Council rule requires more detail for a particular kind of case. That shortcut saves paper and repetition once the full party list is already on file with the complaint.
The rule reflects a practical trade-off: precision matters most at the start, when the caption is doing the work of identifying the case for the first time, and matters less once the case record already establishes who the parties are.
Frequently Asked Questions
Do I have to list every plaintiff and defendant in the title of my complaint?
Yes. Section 422.40 requires the complaint's title to include the names of all the parties.
Can I shorten the party list in an answer or later pleading?
Generally yes. Section 422.40 allows later pleadings to state only the first party on each side with an appropriate indication of other parties, unless a statute or Judicial Council rule requires the fuller listing.
What if a specific rule requires full party names in a later pleading?
Section 422.40's shortcut for later pleadings applies only except as otherwise provided by statute or rule of the Judicial Council, so a more specific requirement controls where one exists.
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: how to title a california complaintlisting parties in complaint caption california