In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.
§ 579.Judgment Against One Or More Defendants Leaving Action to Proceed Against Others
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1. Judgment in General · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 579 lets a court, in its discretion, enter judgment against one or more of several defendants while leaving the action to proceed against the remaining defendants, whenever a several judgment is appropriate to the case.
Full Text of § 579
Plain-English Summary
Litigation against multiple defendants doesn't always finish at the same pace. One defendant might settle, default, or lose a dispositive motion long before the claims against the others are ready for judgment. This section gives the court discretion to enter judgment against that defendant now, rather than waiting for every defendant's fate to be decided together.
The rest of the case continues on its own track. Judgment against one defendant under this section doesn't require — or even suggest — that the claims against the remaining defendants have to wait; the action proceeds against them as if the judgment against the first defendant hadn't touched their piece of the case.
This power exists alongside § 578's broader authority to give judgment for or against one or more parties on either side. Together, the two sections let a court shape judgment to fit litigation that involves several parties with different postures in the case.
Frequently Asked Questions
Can the court enter judgment against one defendant while the case against others continues?
Yes. Section 579 lets the court, in its discretion, render judgment against one or more defendants and leave the action to proceed against the rest, whenever a several judgment is proper.
Does this require the consent of the other defendants?
No, the statute frames this as a matter of the court's discretion in shaping how the case proceeds.
Is this the same authority as § 578?
They work together. Section 578 authorizes judgment for or against some parties generally; § 579 confirms specifically that the action can continue against the remaining defendants afterward.
Amendment History
Enacted 1872.
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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