Can a judge be designated as an individual in his individual capacity?

California, United States of America


The following excerpt is from Ristow v. Cnty. of San Bernardino, E053531 (Cal. App. 2012):

"[I]f a judgment is sought against an official in his individual capacity he should be so designated in the complaint. 'Identity of parties means not only that they must be identical in person, but that the capacity in which they appear must be the same. A judgment for or against a party in one right or capacity cannot affect him when acting in another right or capacity.' [Citation.]" (Holman v. County of Santa Cruz (1949) 91 Cal.App.2d 502, 513; see also 951.)

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