What is the test for an unincorporated association to be sued under the California Civil Code?

California, United States of America


The following excerpt is from People ex rel. Reisig v. Acuna, 214 Cal.Rptr.3d 781, 9 Cal.App.5th 1 (Cal. App. 2017):

under the general nuisance statute of Civil Code section 3479. (Pen. Code, 186.22a, subd. (c).) Totten v. Colonia Chiques said the criteria applied to determine whether an entity is capable of being sued as an unincorporated association " are no more complicated than (1) a group whose members share a common purpose, and (2) who function under a common name under circumstances where fairness requires the group be recognized as a legal entity. " (Id . at pp. 38-39, 67 Cal.Rptr.3d 70.)

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