Section § 367

Explanation

This law requires that any legal action be brought by the person who actually has the right to seek relief from the court, unless there's a special law that allows someone else to do it.

Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.

Section § 367.3

Explanation

This law allows people in California's address confidentiality program to use fake names, like John or Jane Doe, in civil court cases to protect their identity. They can keep personal information, like their real names or addresses, private by using a confidential form that the court will secure. Everyone involved in the case must stick to using these pseudonyms in public documents, and if they need to find out the real name for fair investigation, it must stay secret and not be disclosed publicly. Once the case is over, sensitive documents should be treated carefully and not shared, following specific privacy rules. If the protected person is a minor involved with the state's care system, their participation must be kept private but communicated to the child's social worker or probation officer. The responsibility of keeping this information confidential lies with everyone in the case, and the court is not required to double-check for compliance. The law also coordinates with other legal bodies to ensure its smooth implementation, and if any part of it is invalid, it won't affect the rest of the law.

(a)CA Civil Procedure Code § 367.3(a) For purposes of this section, the following definitions apply:
(1)CA Civil Procedure Code § 367.3(a)(1) “Identifying characteristics” means the name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to other parties, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the protected person, from which the protected person’s identity can be discerned.
(2)CA Civil Procedure Code § 367.3(a)(2) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or internet application, website, or platform account, including, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.
(3)CA Civil Procedure Code § 367.3(a)(3) “Protected person” means a person who is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(b)Copy CA Civil Procedure Code § 367.3(b)
(1)Copy CA Civil Procedure Code § 367.3(b)(1) A protected person who is a party in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the protected person and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the protected person. A protected person who proceeds using a pseudonym as provided in this section shall file with the court and serve upon all other parties to the proceeding a confidential information form for this purpose that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential.
(2)CA Civil Procedure Code § 367.3(b)(2) In cases where a protected person proceeds using a pseudonym under this section, the following provisions shall apply, subject to sanction for an intentional violation:
(A)CA Civil Procedure Code § 367.3(b)(2)(A) Except as provided in subparagraph (B), all parties and their agents and attorneys shall use the pseudonym in all pleadings, discovery requests or discovery motion documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.
(B)CA Civil Procedure Code § 367.3(b)(2)(B) A party seeking discovery in which the true name of the protected person and identifying information must be divulged for the purposes of fair and reasonable discovery, may use the true name of the protected person and identifying information for purposes of that discovery. The discovery request and all information collected through the discovery process shall not be made public and, if filed in court, shall be subject to subparagraph (C).
(C)Copy CA Civil Procedure Code § 367.3(b)(2)(C)
(i)Copy CA Civil Procedure Code § 367.3(b)(2)(C)(i) A party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the protected person from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.
(ii)CA Civil Procedure Code § 367.3(b)(2)(C)(i)(ii) A party excluding or redacting identifying characteristics shall file with the court and serve upon all other parties a confidential information form that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential.
(D)CA Civil Procedure Code § 367.3(b)(2)(D) Following final disposition of the proceedings a party in possession of any pleading, discovery document, or other document containing confidential information of the protected person obtained in the course of the action shall treat the documents as a nonpublic consumer record in accordance with Section 1798.81 of the Civil Code, subject to penalty for violations of that section.
(E)CA Civil Procedure Code § 367.3(b)(2)(E) If the protected person is a minor dependent or minor ward of the state, the minor’s parent, guardian, or attorney shall inform the minor’s social worker or probation officer of the minor’s participation in the action. The social worker or probation officer shall keep this information confidential.
(3)CA Civil Procedure Code § 367.3(b)(3) The responsibility to exclude or redact identifying characteristics of the protected person from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance.
(4)CA Civil Procedure Code § 367.3(b)(4) The court, on motion of the protected person, may order a record or part of a record to be filed under seal in accordance with Rules 2.550 and 2.551 of the California Rules of Court, as those rules may be amended.
(c)CA Civil Procedure Code § 367.3(c) In an action filed under this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CODE OF CIVIL PROCEDURE SECTION 367.3.”
(d)CA Civil Procedure Code § 367.3(d) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. This section does not limit or preclude a plaintiff from securing or recovering any other available remedy.
(e)CA Civil Procedure Code § 367.3(e) The Judicial Council shall coordinate with the Secretary of State to adopt or revise as appropriate rules and forms to implement this section, on or before January 1, 2021.
(f)CA Civil Procedure Code § 367.3(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section § 367.8

Explanation

This law requires each superior court in California to report annually to the Judicial Council about how remote court technology is being used and any related issues. These reports include details about the number of remote proceedings, technology problems, costs, and types of remote technology utilized. The Judicial Council then compiles this information and reports it to the Legislature. Additionally, courts must ensure their technology meets certain standards and certify this annually. The section is set to expire on January 1, 2027.

(a)CA Civil Procedure Code § 367.8(a) Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting remote proceedings, as included under Sections 367.75 and 367.76 of this code, and Section 679.5 of the Welfare and Institutions Code, and all purchases and leases of technology or equipment to facilitate remote conferences, hearings, or proceedings. The report by each superior court and the Judicial Council shall specify all of the following for each annual reporting period:
(1)CA Civil Procedure Code § 367.8(a)(1) The number of proceedings conducted with the use of remote technology.
(2)CA Civil Procedure Code § 367.8(a)(2) Any superior court in which technology issues or problems occurred.
(3)CA Civil Procedure Code § 367.8(a)(3) The superior courts in which remote technology was used.
(4)CA Civil Procedure Code § 367.8(a)(4) The types of trial court conferences, hearings, or proceedings in which remote technology was used.
(5)CA Civil Procedure Code § 367.8(a)(5) The cost of purchasing, leasing, or upgrading remote technology.
(6)CA Civil Procedure Code § 367.8(a)(6) The type of technology and equipment purchased or leased.
(7)CA Civil Procedure Code § 367.8(a)(7) Any other information necessary to evaluate the use of remote proceedings by the courts.
(b)CA Civil Procedure Code § 367.8(b) Each superior court shall report to the Judicial Council on or before October 1, 2025, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2025, and annually thereafter, the information identified in subdivision (a) to assess the impact of technology issues or problems affecting criminal remote proceedings, as included under Sections 977, 977.3, and 1043.5 of the Penal Code.
(c)Copy CA Civil Procedure Code § 367.8(c)
(1)Copy CA Civil Procedure Code § 367.8(c)(1) By October 1, 2025, and annually thereafter, the court executive officer of each superior court shall certify to the Judicial Council, in a form and manner determined by the Judicial Council, that each courtroom of the superior court in which the court is conducting a remote proceeding meets the minimum standards for courtroom technology required pursuant to subdivision (o) of Section 367.76 of this code, subdivision (j) of Section 977 of the Penal Code, or subdivision (n) of Section 679.5 of the Welfare and Institutions Code.
(2)CA Civil Procedure Code § 367.8(c)(2) By December 31, 2025, and annually thereafter, the Judicial Council shall report the information identified in paragraph (1) to the Legislature.
(d)CA Civil Procedure Code § 367.8(d) A report to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(e)CA Civil Procedure Code § 367.8(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 367.10

Explanation
This law allows the Judicial Council to create rules specifying when a judge can conduct court proceedings remotely, not from the usual courtroom, if it's in the interest of justice.
Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtroom.

Section § 367.75

Explanation

This law allows parties in civil cases to participate remotely in court proceedings using technology, but there are exceptions and specific conditions under which in-person appearances may be required. The court can mandate in-person participation if technology issues arise or if it is deemed essential for effective case management. While expert witnesses can generally appear remotely, juvenile proceedings and adoption finalizations can partly use remote technology as well. Confidentiality needs to be maintained, and parties must be informed of any potential tech issues. The Judicial Council is responsible for setting rules for remote appearances, considering technology or transportation limits that someone might face. This law is set to expire on January 1, 2027.

(a)Copy CA Civil Procedure Code § 367.75(a)
(1)Copy CA Civil Procedure Code § 367.75(a)(1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it intends to appear remotely, a party may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology.
(2)CA Civil Procedure Code § 367.75(a)(2) This section does not apply to any of the following type of proceedings:
(A)CA Civil Procedure Code § 367.75(a)(2)(A) Any proceeding in matters identified in paragraph (1) of subdivision (a) of Section 367.76.
(B)CA Civil Procedure Code § 367.75(a)(2)(B) A juvenile justice proceeding covered by Section 679.5 of the Welfare and Institutions Code.
(b)CA Civil Procedure Code § 367.75(b) Except as otherwise provided by law, the court may require a party or witness to appear in person at a conference, hearing, or proceeding described in subdivision (a), or under subdivisions (e) and (h), if any of the following conditions are present:
(1)CA Civil Procedure Code § 367.75(b)(1) The court with jurisdiction over the case does not have the technology necessary to conduct the conference, hearing, or proceeding remotely.
(2)CA Civil Procedure Code § 367.75(b)(2) Although the court has the requisite technology, the quality of the technology or audibility at a conference, hearing, or proceeding prevents the effective management or resolution of the conference, hearing, or proceeding.
(3)CA Civil Procedure Code § 367.75(b)(3) The court determines on a hearing-by-hearing basis that an in-person appearance would materially assist in the determination of the conference, hearing, or proceeding or in the effective management or resolution of the particular case.
(4)CA Civil Procedure Code § 367.75(b)(4) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the conference, hearing, or proceeding.
(5)CA Civil Procedure Code § 367.75(b)(5) The quality of the technology or audibility at a conference, hearing, or proceeding prevents an attorney from being able to provide effective representation to the attorney’s client.
(6)CA Civil Procedure Code § 367.75(b)(6) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits a court interpreter’s ability to provide language access to a court user or authorized individual.
(c)CA Civil Procedure Code § 367.75(c) Notwithstanding paragraph (3) of subdivision (b), an expert witness may appear remotely absent good cause to compel in-person testimony.
(d)Copy CA Civil Procedure Code § 367.75(d)
(1)Copy CA Civil Procedure Code § 367.75(d)(1) Except as otherwise provided by law and subject to the limitations of subdivision (b), upon its own motion or the motion of any party, the court may conduct a trial or evidentiary hearing, in whole or in part, through the use of remote technology, absent a showing by the opposing party as to why a remote appearance or testimony should not be allowed.
(2)Copy CA Civil Procedure Code § 367.75(d)(2)
(A)Copy CA Civil Procedure Code § 367.75(d)(2)(A) Except as provided in Section 269 of the Code of Civil Procedure and Section 69957 of the Government Code, if the court conducts a trial, in whole or in part, through the use of remote technology, the official reporter or official reporter pro tempore shall be physically present in the courtroom.
(B)CA Civil Procedure Code § 367.75(d)(2)(A)(B) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom.
(e)Copy CA Civil Procedure Code § 367.75(e)
(1)Copy CA Civil Procedure Code § 367.75(e)(1) Before the court with jurisdiction over the case may proceed with a remote conference, hearing, proceeding, or trial, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the conference, hearing, proceeding, or trial.
(2)CA Civil Procedure Code § 367.75(e)(2) The court shall require that a remote appearance by a party or witness have the necessary privacy and security appropriate for the conference, hearing, proceeding, or trial.
(3)CA Civil Procedure Code § 367.75(e)(3) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the conference, hearing, proceeding, or trial. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology.
(f)CA Civil Procedure Code § 367.75(f) The court shall not require a party to appear through the use of remote technology. If the court permits an appearance through remote technology, the court must ensure that technology in the courtroom enables all parties, whether appearing remotely or in person, to fully participate in the conference, hearing, or proceeding.
(g)CA Civil Procedure Code § 367.75(g) A self-represented party may appear remotely in a conference, hearing, or proceeding conducted through the use of remote technology only if they agree to do so.
(h)CA Civil Procedure Code § 367.75(h) Any juvenile dependency proceeding may be conducted in whole or in part through the use of remote technology subject to the following:
(1)CA Civil Procedure Code § 367.75(h)(1) Any person authorized to be present may request to appear remotely.
(2)Copy CA Civil Procedure Code § 367.75(h)(2)
(A)Copy CA Civil Procedure Code § 367.75(h)(2)(A) Any party to the proceeding may request that the court compel the physical presence of a witness or party. A witness, including a party providing testimony, may appear through remote technology only with the consent of all parties, except as provided in subparagraph (B), and if the witness has access to the appropriate technology.
(B)CA Civil Procedure Code § 367.75(h)(2)(A)(B) A parent, child, nonminor dependent, or Indian tribe as defined in Section 224.1 of the Welfare and Institutions Code, may utilize remote technology for the appearance of an expert witness without the consent of all parties.
(3)CA Civil Procedure Code § 367.75(h)(3) A court shall not require a party to appear through the use of remote technology.
(4)CA Civil Procedure Code § 367.75(h)(4) The confidentiality requirements that apply to an in-person juvenile dependency proceeding shall apply to a juvenile dependency proceeding conducted through the use of remote technology.
(i)Copy CA Civil Procedure Code § 367.75(i)
(1)Copy CA Civil Procedure Code § 367.75(i)(1) Notwithstanding Section 8613.5 of the Family Code, in an adoption proceeding under Division 13 (commencing with Section 8500) of the Family Code, the court may conduct an adoption finalization hearing, in whole or in part, through the use of remote technology, without the court finding that it is impossible or impracticable for either prospective adoptive parent to make the appearance in person.
(2)CA Civil Procedure Code § 367.75(i)(2) A court shall not require a party to appear through the use of remote technology.
(3)CA Civil Procedure Code § 367.75(i)(3) The confidentiality and privacy requirements that apply to an in-person adoption finalization hearing, including, but not limited to, the requirements in Section 8611 of the Family Code, apply to an adoption finalization hearing conducted through the use of remote technology.
(j)CA Civil Procedure Code § 367.75(j) For purposes of this section, a party includes a nonparty subject to Chapter 6 of Title 4 of Part 4 (commencing with Section 2020.010).
(k)CA Civil Procedure Code § 367.75(k) Subject to the limitations in subdivision (b), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties.
(l)CA Civil Procedure Code § 367.75(l) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section to promote statewide consistency, including, but not limited to, the following procedures:
(1)CA Civil Procedure Code § 367.75(l)(1) A deadline by which a party must notify the court and the other parties of their request to appear remotely.
(2)CA Civil Procedure Code § 367.75(l)(2) Procedures and standards for a judicial officer to determine when a conference, hearing, or proceeding may be conducted through the use of remote technology. The procedures and standards shall require that a judicial officer give consideration to the limited access to technology or transportation that a party or witness might have.
(m)CA Civil Procedure Code § 367.75(m) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 367.76

Explanation

This law explains when and how different legal proceedings in California can be conducted using remote technology, like video calls, rather than in-person. It applies to specific types of cases such as mental health commitments, involuntary treatment, and certain criminal proceedings. People involved in these cases generally have the right to be there in person but can choose to participate remotely if they prefer. The law outlines the requirements for remote technology to ensure fairness and confidentiality. It also emphasizes that if technology issues arise, the court may stop the remote proceedings. There are plans to improve courtroom technology to support this remote setup by July 2024, with specific rules and standards to be developed by the Judicial Council. This regulation is temporary and will expire by January 1, 2027.

(a)Copy CA Civil Procedure Code § 367.76(a)
(1)Copy CA Civil Procedure Code § 367.76(a)(1) This section applies to proceedings in the following matters:
(A)CA Civil Procedure Code § 367.76(a)(1)(A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, except for delinquency proceedings.
(B)CA Civil Procedure Code § 367.76(a)(1)(B) Involuntary treatment and conservatorships of gravely disabled persons under Chapter 1 (commencing with Section 5000), Chapter 2 (commencing with Section 5150), and Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, including Murphy conservatorships.
(C)CA Civil Procedure Code § 367.76(a)(1)(C) Contempt proceedings under Title 5 (commencing with Section 1209) of Part 3 of this code.
(D)CA Civil Procedure Code § 367.76(a)(1)(D) Mentally disordered offender proceedings under Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.
(E)CA Civil Procedure Code § 367.76(a)(1)(E) Commitment proceedings under Section 1026, et seq. of the Penal Code.
(F)CA Civil Procedure Code § 367.76(a)(1)(F) Competency proceedings under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.
(G)CA Civil Procedure Code § 367.76(a)(1)(G) Placement and revocation proceedings pursuant to Section 1600 et seq. of the Penal Code.
(H)CA Civil Procedure Code § 367.76(a)(1)(H) Involuntary medication and treatment hearings for individuals committed or awaiting admission to a State Department of State Hospitals facility as described in Section 4100 of the Welfare and Institutions Code.
(2)CA Civil Procedure Code § 367.76(a)(2) This section does not apply to proceedings in matters brought pursuant to Sections 601 and 602 of the Welfare and Institutions Code.
(b)CA Civil Procedure Code § 367.76(b) For the purposes of this section, the following definitions apply:
(1)CA Civil Procedure Code § 367.76(b)(1) “Person” means the person subject to any proceeding in matters described in paragraph (1) of subdivision (a).
(2)CA Civil Procedure Code § 367.76(b)(2) “Proceeding” or “proceedings” includes, but is not limited to, all hearings, conferences, and trials in matters described in paragraph (1) of subdivision (a).
(3)CA Civil Procedure Code § 367.76(b)(3) “Remote technology” means technology that provides for the two-way transmission of video and audio signals except that audio signals alone may be permitted where specifically authorized by law. Remote technology shall include, but not be limited to, a computer, tablet, telephone, cellular telephone, or other electronic or communications device. Notwithstanding the foregoing and subject to subdivision (h), the person subject to the proceeding, in consultation with counsel if represented, may, at their request, participate through audio-only technology.
(c)CA Civil Procedure Code § 367.76(c) Proceedings in matters arising under subdivision (a) may be conducted through the use of remote technology subject to the following:
(1)CA Civil Procedure Code § 367.76(c)(1) A person has the right to be physically present for all proceedings and shall not be required to appear through the use of remote technology.
(2)CA Civil Procedure Code § 367.76(c)(2) A person may waive their right to be physically present and may elect to appear remotely.
(3)CA Civil Procedure Code § 367.76(c)(3) Except as provided in subdivisions (d), (e), and (h), a party, counsel for a party, or witness may appear through the use of remote technology.
(4)CA Civil Procedure Code § 367.76(c)(4) The confidentiality requirements that apply to inperson proceedings shall apply with equal force and effect when conducted through the use of remote technology.
(d)CA Civil Procedure Code § 367.76(d) If the person is physically present in court the following shall apply:
(1)CA Civil Procedure Code § 367.76(d)(1) Absent exceptional circumstances and except as provided in paragraphs (3) and (4), counsel for the person, counsel for the other party or parties, the other party or parties, and the judicial officer shall be physically present in the courtroom.
(2)CA Civil Procedure Code § 367.76(d)(2) Except as provided in paragraphs (3) and (4) and paragraph (3) of subdivision (b) of Section 1370 of the Penal Code, absent a waiver by the person or a finding of good cause by the court, any witness the other party or parties calls shall be physically present in the courtroom. In determining whether good cause exists to excuse the physical presence of a witness, the court shall consider the distance the witness must travel, the nature of the testimony, and the nature of the proceeding.
(3)CA Civil Procedure Code § 367.76(d)(3) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of Developmental Services shall not be required to be physically present in the courtroom absent a finding of good cause by the court.
(4)CA Civil Procedure Code § 367.76(d)(4) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of State Hospitals shall not be required to be physically present in the courtroom in any nonjury trial matters or proceedings described in paragraph (1) of subdivision (a) absent a finding of good cause by the court.
(e)CA Civil Procedure Code § 367.76(e) Notwithstanding any other law, unless good cause exists, a court shall not compel the physical presence of the person who is a patient in a State Department of State Hospitals or State Department of Developmental Services facility or other inpatient or outpatient treatment facility absent consent of the person in consultation with counsel. In determining whether good cause exists to compel the physical presence of a patient, the court shall consider the nature of the hearing and whether requiring the physical presence of the patient would interfere with the person’s program of treatment or be detrimental to their mental or physical health.
(f)Copy CA Civil Procedure Code § 367.76(f)
(1)Copy CA Civil Procedure Code § 367.76(f)(1) Until July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer except where the court finds that, as the result of unusual circumstances, this requirement would place extreme or undue hardship on the court or the litigants. For purposes of this paragraph, “unusual circumstances” means a work stoppage, a circumstance described in subdivision (a) of Section 68115 of the Government Code, an unforeseen emergency, court proceedings conducted in a remote court location to which a judicial officer is not regularly assigned to sit, or when a judicial officer has to travel to a location outside of a courthouse to conduct the proceeding.
(2)CA Civil Procedure Code § 367.76(f)(2) Beginning July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer if the court cannot provide the technology standards described in subdivision (o).
(g)CA Civil Procedure Code § 367.76(g) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom.
(h)Copy CA Civil Procedure Code § 367.76(h)
(1)Copy CA Civil Procedure Code § 367.76(h)(1) If any of the following conditions are present and cannot be resolved, the court shall not permit any party, counsel, or witness to appear or participate in proceedings through the use of remote technology, and shall continue any proceeding being conducted with the use of remote technology:
(A)CA Civil Procedure Code § 367.76(h)(1)(A) The court does not have the technology necessary to conduct the proceeding remotely.
(B)CA Civil Procedure Code § 367.76(h)(1)(B) Although the court has the requisite technology, the quality of the technology or audibility at a proceeding prevents the effective management or resolution of the proceeding.
(C)CA Civil Procedure Code § 367.76(h)(1)(C) The quality of the technology or audibility at a proceeding inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding.
(D)CA Civil Procedure Code § 367.76(h)(1)(D) The court reporter is unable to capture the verbatim record and certify a transcript of any proceeding that is conducted remotely, in whole or in part, to the same extent and in the same manner as if it were not conducted remotely.
(E)CA Civil Procedure Code § 367.76(h)(1)(E) The quality of the technology or audibility at a proceeding inhibits the ability of the person to understand or participate in the proceeding.
(F)CA Civil Procedure Code § 367.76(h)(1)(F) The quality of the technology or audibility at a proceeding inhibits counsel from being able to provide effective representation to the person.
(G)CA Civil Procedure Code § 367.76(h)(1)(G) The court does not have the technology necessary for secure, confidential communication between counsel and the person.
(H)CA Civil Procedure Code § 367.76(h)(1)(H) The quality of the technology or audibility at a proceeding inhibits a court interpreter’s ability to provide language access, including to communicate and interpret directly with the person and the court during the proceedings.
(2)CA Civil Procedure Code § 367.76(h)(2) Except as provided in subdivision (e) or otherwise provided by law, the court may require a party or witness to appear in person at a proceeding if the court determines on a hearing-by-hearing basis that an inperson appearance would materially assist in the determination of the proceeding or resolution of the case. The court’s determination shall be based on the individual case before the court and shall be entered into the minutes or otherwise made on the record. In making its determination, the court shall consider the request of the person, the nature of the proceedings, and whether requiring the physical presence of the person would disrupt the person’s program of treatment or be detrimental to their mental or physical health.
(3)CA Civil Procedure Code § 367.76(h)(3) The court shall not continue proceedings beyond statutory time limits pursuant to this section absent a waiver by the person in consultation with counsel.
(i)CA Civil Procedure Code § 367.76(i) Subject to the limitations in subdivision (h), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties.
(j)CA Civil Procedure Code § 367.76(j) Before the court may conduct proceedings through the use of remote technology, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the proceedings.
(k)CA Civil Procedure Code § 367.76(k) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the proceedings. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology.
(l)CA Civil Procedure Code § 367.76(l) A self-represented party may appear remotely in a proceeding conducted through the use of remote technology only if they agree to do so.
(m)CA Civil Procedure Code § 367.76(m) For purposes of this section, a party includes a nonparty subject to Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4.
(n)CA Civil Procedure Code § 367.76(n) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt such other rules and standards as are necessary to implement the policies and provisions of this section and the intent of the Legislature.
(o)CA Civil Procedure Code § 367.76(o)  By April 1, 2024, the Judicial Council shall adopt, and trial courts shall implement by July 1, 2024, minimum standards for the courtroom technology necessary to permit remote participation in proceedings subject to this section. Those standards shall include, but not be limited to, hard-wired or other reliable high-speed internet connections in the courtroom for the judicial officer and court reporter, and monitors, dedicated cameras, speakers, and microphones so the judicial officer, court reporter, and court interpreter can appropriately see and hear remote participants, as well as to ensure that remote participants can appropriately see and hear the judicial officer and other courtroom participants.
(p)CA Civil Procedure Code § 367.76(p) Consistent with federal and California labor law, a trial court shall not retaliate or threaten to retaliate against an official reporter or an official reporter pro tempore who notifies the judicial officer that technology or audibility issues are impeding the creation of the verbatim record of a proceeding that includes participation through remote technology. This subdivision shall only apply to an official reporter and an official reporter pro tempore when they meet the definition of “trial court employee” under subdivision (l) of Section 71601 of the Government Code.
(q)CA Civil Procedure Code § 367.76(q) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 368

Explanation

This law explains that if someone is assigned the right to collect on a debt or claim, the person they collect from can still use any defenses they had before they were notified about the assignment. However, this doesn't apply to negotiable instruments like checks or promissory notes that are transferred before they are due, as long as they were transferred honestly and for a valid reason.

In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.

Section § 368.5

Explanation
If a person involved in a lawsuit or legal proceeding transfers their interest or rights in that case to someone else, the case doesn’t end because of this transfer. The original party’s name can still be used, or the court might let the new person who got the interest take over the case's position.
An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.

Section § 369

Explanation

This section outlines who is allowed to file a lawsuit on behalf of someone else without including them as a party to the case. It includes personal representatives, trustees of express trusts, and people who have made contracts benefiting others. However, it notably excludes trustees with a 'power of sale' under a deed of trust or mortgage, unless they are exercising specific powers and duties related to property sales.

(a)CA Civil Procedure Code § 369(a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted:
(1)CA Civil Procedure Code § 369(a)(1) A personal representative, as defined in subdivision (a) of Section 58 of the Probate Code.
(2)CA Civil Procedure Code § 369(a)(2) A trustee of an express trust.
(3)CA Civil Procedure Code § 369(a)(3) Except for a person upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage, a person with whom, or in whose name, a contract is made for the benefit of another.
(4)CA Civil Procedure Code § 369(a)(4) Any other person expressly authorized by statute.
(b)CA Civil Procedure Code § 369(b) Notwithstanding subdivision (a), a trustee upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage may sue to exercise the trustee’s powers and duties pursuant to Chapter 2 (commencing with Section 2920) of Title 14 of Part 4 of Division 3 of the Civil Code.

Section § 369.5

Explanation

This law says that partnerships or associations that aren't companies, whether they're for profit or not, can sue or be sued using their chosen name. Also, if you're a member of such a group, you can be involved in a lawsuit against the group. If you, as a member, are served with legal papers personally, you can be held personally liable, even if others are also sued together.

(a)CA Civil Procedure Code § 369.5(a) A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known.
(b)CA Civil Procedure Code § 369.5(b) A member of the partnership or other unincorporated association may be joined as a party in an action against the unincorporated association. If service of process is made on the member as an individual, whether or not the member is also served as a person upon whom service is made on behalf of the unincorporated association, a judgment against the member based on the member’s personal liability may be obtained in the action, whether the liability is joint, joint and several, or several.