Does a general partner's failure to join the general partners in a foreclosure action render the sale of the property "nonjudicial as to them"?
MultiRegion, United States of America
The following excerpt is from U.S. v. Haddon Haciendas Co., 541 F.2d 777 (9th Cir. 1976):
3 In California, a partnership may be sued in its own name but a judgment is binding on the partners only if specifically named in the complaint and personally served. Fazzi v. Peters, 68 Cal.2d 590, 68 Cal.Rptr. 170, 440 P.2d 242 (1968). We have found no California cases, however, to support or refute the contention that failure to join the general partners in a foreclosure action renders the sale "non-judicial as to them."
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