An entity which is a permissive plaintiff under this chapter, may bring a separate action with respect to separate portions of the disaster area of sufficient size to equitably reestablish boundaries without harm to other areas of the common disaster, its decision regarding the desirability of the separate action, and regarding the area to be dealt with in each action to be approved by the court.
§ 751.52.Separate Action By Permissive Plaintiff With Respect to Separate Portions of Disaster Area
Title 10. Actions In Particular Cases · Chapter 3.6. Cullen Earthquake Act · Enacted 1972 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.52 lets a permissive plaintiff bring a separate Cullen Earthquake Act action covering just part of a disaster area, so long as that portion is large enough to equitably reestablish boundaries without harming other parts of the affected area, with the court approving both the decision to separate and the area covered.
Full Text of § 751.52
Plain-English Summary
A single earthquake or ground-movement disaster can affect a wide swath of land, and one lawsuit covering everything isn't always practical. This section lets an entity or person who qualifies as a permissive plaintiff under § 751.51 bring a separate action limited to part of the disaster area, rather than the whole affected region.
That flexibility isn't unlimited. The portion carved out has to be of sufficient size that reestablishing boundaries within it can be done equitably, without harming other areas of the common disaster — a boundary decision made in isolation shouldn't create new unfairness elsewhere. And the decision to proceed separately, along with the scope of the area covered, has to be approved by the court.
Frequently Asked Questions
Can a plaintiff sue over just part of a larger disaster area?
Yes, if that entity qualifies as a permissive plaintiff under § 751.51 and the portion is large enough to equitably reestablish boundaries without harming other affected areas.
Who decides whether a separate action is appropriate?
The court, which must approve both the decision to bring a separate action and the specific area to be covered by it.
Amendment History
Added by Stats. 1972, Ch. 936.
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: separate action disaster area cullen earthquake act