You must have the capacity to sue or be sued for a court judgment to be effective.
Generally, any “person” can sued or be sued. “Person” means individual people and juridical entities like businesses or government entities. Here are rules you should know.
Can A Minor Sue Or Be Sued In California?
Yes, a minor can sue or be sued in California. But there are procedural steps you need to follow. Minors must be represented in litigation through another person, often known as a “guardian ad litem.” See CCP § 372.
A minor is someone under 18 years old.
Can One Spouse Sue Or Be Sued In California Without The Other Spouse?
Yes, a spouse can sue or be sued without his or her spouse being joined as a party. See CCP § 370.
Can An Estate Sue Or Be Sued In California?
No, because an estate is not a legal entity. Litigation should be brought by or against the executor or administrator of the estate. The rule is a little different, however, regarding liability insurance. See Probate Code §§ 550, 554, 9390.
Can A Corporation Sue Or Be Sued In California?
Yes. See Corp Code § 207. The rule is a little different when it comes to non admitted foreign insurance companies. See Insurance Code § 1616.
If a corporation is suspended for failing to pay its taxes it cannot bring or defend litigation. That suspended capacity is “revived” when the corporation pays the taxes. See Rev & Tax § 23305.
A dissolved corporation has the capacity to sue and defend against claims if necessary to wind up its affairs. See Corporations Code § 2010(a).
Can LLCs Sue Or Be Sued In California?
Yes. See Corporations Code § 17003(b).
Can Partnerships And Associations Sue Or Be Sued In California?
Yes. See CCP § 369.5(a).
Can A Building Contractor Sue Or Be Sued In California?
A building contractor cannot sue to recover “compensation” for any “contract” that requires a California contractor’s license, unless the contractor “alleges and proves” he was licensed at all relevant times. See Business & Professions Code § 7031.
Evan Walker
La Jolla AttorneyEvan W. Walker is a La Jolla attorney who has practiced law since 2008. He has practiced law throughout California, Connecticut, and Louisiana.
Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.
Evan's practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.
Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.
Associations:
- Member, State Bar of California
- Member, San Diego Bar Association
- Member, Consumer Attorneys of California
- Member, Consumer Attorneys of San Diego
- Member, La Jolla Bar Association
- Member, La Jolla Village Merchants Association
- Member, San Diego Chamber of Commerce
