The Nominal Defendant
When an heir will not join the case
California requires all heirs in one action. When an heir refuses, cannot be located, or is estranged, naming them as a nominal defendant lets the case proceed without them.
What a nominal defendant is
A nominal defendant is an heir who is named as a defendant purely so that they are before the court, not because anyone contends they did anything wrong. It is a procedural device that satisfies the one-action rule.
They are served, they may participate if they choose, and their interest in any recovery is preserved whether or not they do.
When it is used
- An heir who cannot be located after diligent search
- An estranged family member who wants no contact with the rest of the family
- An heir who does not want to be involved in litigation but has not given up their share
- A family member who disagrees with bringing the case at all
What it does not do
Naming someone as a nominal defendant does not forfeit their share of a recovery, does not accuse them of anything, and does not expose them to liability. If a settlement is reached, their portion is allocated and held for them.
It also does not remove the obligation to find them. Diligence still has to be shown to the court.
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