Can a judge apportion the ultimate rights of the parties in a judgment?

California, United States of America


The following excerpt is from Parker v. Walker, 5 Cal.App.4th 1173, 6 Cal.Rptr.2d 908 (Cal. App. 1992):

Code of Civil Procedure section 578 provides that where a trial court enters judgment for coplaintiffs it may, "when the justice of the case requires it, determine the ultimate rights of the [plaintiffs], as between themselves." Here, no apportionment of the rights of the plaintiffs was made in the Walker v. Prupas action. Therefore, the procedure authorized by Code of Civil Procedure section 578 does not determine the rights of the parties in the judgment.

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