BILL NUMBER: SB 384	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Evans

                        FEBRUARY 15, 2011

   An act to amend Section 382 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 384, as introduced, Evans. Civil actions: joinder:
representative actions.
   Under existing law, if the consent of any person who should have
been joined as a plaintiff cannot be obtained, that person may be
made a defendant, and the complaint shall state the reason. Existing
law authorizes one or more persons to sue or defend for the benefit
of all if the question is one of a common or general interest of many
persons, or if the parties are numerous and it is impracticable to
bring them all before the court.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 382 of the Code of Civil Procedure is amended
to read:
   382.  If the consent of any  one   person
 who should have been joined as a  plaintiff cannot be
obtained,  he   that person  may be made a
defendant,  and the complaint shall state  the reason
 thereof being stated in the complaint; and when 
 .   If  the question is one of a common or general
interest  ,  of many persons, or  when
  if  the parties are numerous  , 
and it is impracticable to bring them all before the court, one or
more  persons  may sue or defend for the benefit of all.