What is the test for joinder in a personal injury action?

California, United States of America


The following excerpt is from Cerrato v. Cerrato (In re Cerrato), G051775 (Cal. App. 2017):

To accomplish joinder, actual notice is insufficient. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808-809.) "A party cannot be properly joined unless served with the summons and complaint; notice does not substitute for proper service. Until statutory requirements are satisfied, the court lacks jurisdiction over a defendant. [Citations.] Without personal jurisdiction over [Harmer], the judgment . . . is ineffective as to [him]. [Citation.]" (Ibid.)

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