California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 3 — Of the Parties to Civil Actions, Chapter 1 — General Provisions, 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.

Notes

Allows personal representatives, express-trust trustees, persons contracting for another’s benefit, and other statutorily authorized persons to sue without joining the beneficiaries, but excludes a deed-of-trust or mortgage trustee relying solely on a power of sale from that category. Separately allows such a trustee to sue to exercise statutory trustee powers and duties.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 369 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3/chapter-1/section-369

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