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Bank of California National Association v. Superior Court

Supreme Court of California · 1940 · Civil Procedure

Civil ProcedureCompulsory joinderIndispensable partiesProhibitionsection 389indispensable partiesnecessary partiesjurisdiction

Facts

After Sara M. Boyd died testate, her will was admitted to probate and the Bank of California was appointed executor. The will made numerous individual legacies totaling about $60,000 and left the residue to St. Luke's Hospital. Bertha M. Smedley, a niece and legatee, then sued alleging decedent had contracted to leave her the entire estate, naming the executor and all beneficiaries as defendants, but serving only the executor and the residuary legatee. When trial began, those served defendants moved to require service on the remaining beneficiaries as necessary and indispensable parties, and the trial court denied the motion.

Issue

Were the unserved legatees and devisees indispensable parties to Smedley's action to enforce an alleged contract to leave her the entire estate, so that the superior court lacked jurisdiction to proceed without them and could be restrained by prohibition? Or were they merely necessary parties whose joinder was discretionary and nonjurisdictional?

Rule

Under section 389, indispensable parties are those whose interests, rights, or duties will inevitably be affected by any decree that can be rendered, so that the court cannot proceed without them and any attempt to adjudicate in their absence is beyond jurisdiction. Persons who are interested and should normally be joined for complete settlement, but whose interests are separable so that a decree may be rendered between the parties before the court without affecting them, are only necessary parties; failure to join them does not defeat jurisdiction, and prohibition does not lie.

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In Sacramento, Lena Ortiz sued the executor of her aunt's estate and one of six devisees, alleging the aunt had promised by contract to leave Lena her entire estate. The complaint also named the other devisees, but none of them was served, and the served defendants argued the court lacked power to proceed without all beneficiaries present.

Under the majority rule, are the unserved devisees indispensable parties whose absence deprives the court of jurisdiction?

Explanation. The governing distinction is whether the absent persons' interests will inevitably be affected by any decree the court can render. In a contract-to-devise action of this kind, relief runs against each distributee personally, not against the estate as a unit. A decree against the served defendants can impose a constructive trust only on the property they received and will not bind or affect absent beneficiaries. Therefore, the absent devisees are at most necessary for complete settlement, not indispensable, and their absence is not jurisdictional.