What is the test for determining whether a party is an indispensable party?

California, United States of America


The following excerpt is from Tobias Partners, L.P. v. City of L. A., B256419 (Cal. App. 2015):

"Indispensable parties have been identified as those who are essential for 'a complete determination of the controversy' [citations] or the ability of a court to enter 'any effective judgment' [citation]." (Kaczorowski v. Mendocino County Bd. of Supervisors, supra, 88 Cal.App.4th at p. 568.) " '[A] person is an indispensable party

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[only] when the judgment to be rendered necessarily must affect his rights.' " (Olszewski v. Scripps Health (2003) 30 Cal.4th 798, 808.) Put another way, "[t]he controlling test for determining whether a person is an indispensable party is, 'Where the plaintiff seeks some type of affirmative relief which, if granted, would injure or affect the interest of a third person not joined, that third person is an indispensable party. [Citation.]' " (Save Our Bay, Inc. v. San Diego Unified Port Dist. (1996) 42 Cal.App.4th 686, 692.)

a. The Tenants Were Necessary Parties

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