Duty to Assume Jurisdiction

Amendments in Proceedings

• The California Code of Civil Procedure sets out the policy regarding amendments in a proceeding.
• The code applies to various types of amendments, including those related to parties, claims, and defenses.

Party Defects and Court Power

• Party defects do not affect the court's power to act, as the court can still exercise its jurisdiction over the case.
• However, if an indispensable party is absent and cannot be joined, the case cannot proceed due to potential prejudice to the absent party.

Joinder of Indispensable Parties

• In the absence of an indispensable party, the court cannot act, as it lacks jurisdiction over the case.
• The rule is that an indispensable party must be joined, otherwise, the case cannot proceed.

Nullity Doctrine

• The nullity doctrine refers to the principle that a judgment is void if an indispensable party is absent and cannot be joined.
• In the Oliver panel, the nullity doctrine is referenced as a basis for dismissing a case due to the absence of an indispensable party.

Court Power and Party Defects

• Despite party defects, the court still has the power to act, but only if the defects can be cured or do not affect the court's jurisdiction.
• If an indispensable party is absent, the court's power to act is limited, and the case may need to be dismissed.

Friedel Decision and State Appellate Courts

• The Friedel decision in Florida holds that an indispensable party must be joined, or the case cannot proceed.
• To date, multiple state appellate courts have joined the holding of the Friedel decision.