Legal Question in Construction Law in California

Filing a complaint with multiple plaintiffs in pro se.

Whos name and address do you include on top of a civil complaint when there is more than one plaintiff.

Case is several contractors and labor workers who were hired by a home/owner that paid some but still owes money to several individuals after work was completed. They are past the time to file mechanics liens and want to file a civil complaint with multiple plaintiffs for the balance owed to each of them for the work done on the home.

the labor work was hourly rate for time and materials they advanced payments. no written aggreements.

contracters were hired for vairous jobs and some had signed contracts stating owner was responsible for permits. which the owner never pulled any permits.


Asked on 5/24/11, 1:01 am

2 Answers from Attorneys

It is illegal for more than one pro se plaintiff to file on the same pleading. That would make the one person who prepares and files the complaint guilty of practicing law without a license as to the other plaintiffs. Each person must file their own complaint and handle their own case, or they must hire a licensed attorney to represent them.

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Answered on 5/24/11, 9:20 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is an example of "permissive joinder" and the right to sue together and the limitations thereon are set forth in the Code of Civil Procedure, section 378.

The first major problem I see is that a non-lawyer cannot represent others. That means all the plaintiffs will have to make every court appearance, and all plaintiffs will have to sign all documents filed with the court. This sounds like a major headache.

The next possible problem is that only an individual can represent himself. If any of the proposed plaintiffs is a corporation or other artificial entity, it will need a lawyer.

You didn't say much about the case, in particular, the amount involved. I question the wisdom of trying to do this in pro. per. (in propia persona) as there will be many decisions to make, many better made by a lawyer.

The sequence in which the plaintiffs' names are listed in the caption is immaterial except that whoever is listed first will be the name in the case short title, and everyone else will be an "et al." So, it should be someone who isn't publicity-shy.

I could not find any helpful annotations to CCP 378, nor any cases illustrating how courts handle the administrative aspects of multiple in pro. per. plaintiff cases. I did find one unreported appellate case involving three co-plaintiffs, all self-represented (Lee v. Ly, 2002 WL 307902).

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Answered on 5/24/11, 9:45 am


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