Code of Civil Procedure section 369

(a)

The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted:

(1)

A personal representative, as defined in subdivision (a) of Section 58 of the Probate Code.

(2)

A trustee of an express trust.

(3)

Except for a person upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage, a person with whom, or in whose name, a contract is made for the benefit of another.

(4)

Any other person expressly authorized by statute.

(b)

Notwithstanding subdivision (a), a trustee upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage may sue to exercise the trustee’s powers and duties pursuant to Chapter 2 (commencing with Section 2920) of Title 14 of Part 4 of Division 3 of the Civil Code.

Source: Section 369, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=369.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 369’s source at ca​.gov