Notes From California Style Manual

The document provides guidance from the California Style Manual on legal citation styles and formatting of case titles. It addresses the use of introductory signals in citations, formatting concurring and dissenting opinions, ignoring "DBA" or aliases in case titles, and indicating representative capacities. For example, it notes that when multiple justices join a dissent or concurrence, their names are listed in full capital letters by seniority. It also provides examples of how to format case titles involving individuals, partnerships, persons in representative roles, and other entities.

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Notes From California Style Manual

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Notes from California Style Manual – March 13, 2019

CALIFORNIA STYLE MANUAL, Fourth Edition

A HANDBOOK OF LEGAL STYLE FOR CALIFORNIA COURTS AND LAWYERS

FOREWARD

The manual provides a guide to standard legal style in the appellate courts.

PREFACE

[T]he California Style Manual has evolved from a guide primarily intended for court staffs, the
Reporter of Decisions Office, and the Official Reports publisher to become the standard for legal office
style in California.

A. GENERAL RULES OF CITATION

§ 1:4 Introductory signals: see; cf.; compare with; accord

Introductory Signals precede the citation and provide information about the nature and strength of the
cited authority. The signal applies to all the cited authorities that it introduces, until another signal
appears or the group of citations ends.

When a case is cited as the source of a quotation, or when a case directly supports the proposition
stated in the text, no introductory signal is appropriate. Citations to weaker support, however, should be
introduced by the word "see." Thus, "see" should precede citations to cases that only indirectly support
the text, citations to supporting dicta, and citations to a concurring or dissenting opinion. Never use
"see" to support a direct quote.

The signal "cf."(Latin: confer, meaning "compare with") is used to introduce a decision that is
sufficiently analogous to lend support to the proposition, as where a cited case applies a similar statute.
The word "accord" is a signal used after a primary authority has been cited, and introduces decisions,
including those from other jurisdictions, holding squarely in accord. "Accord" is also used when the
author wishes to quote from one opinion and then cite other supporting authorities.

§ 5:35 Concurring and dissenting opinions

When several justices join as authors of a dissenting or concurring opinion, all the names are listed in
full capital letters in the order of seniority. (See Treu v. Kirkwood (1954) 42 Ca1.2d 602,621;Estate of
Dow(1957)48 Ca1.2d 649, 654.)

CASE TITLES

A. GENERAL RULES
§ 6:12 Individuals doing business under fictitious names; sole proprietorships

When a party is doing business under a fictitious name, as with a sole proprietorship, ignore that fact
for title purposes. Do not use descriptions such as "DBA," "doing business as," or "etc." to indicate the
fictitious name. Thus, if defendant D is sued as "D, doing business under the name of D's Realty Co.,"
the title is:

A, Plaintiff and Appellant, v. D, Defendant and Respondent.

§ 6:13 Natural persons; aliases

Except as otherwise provided by statute, an action must be prosecuted in the name of the real party in
interest. (Code Civ. Proc., § 367.) Therefore disregard the fact that a person has used an alias or is "also
known as" a different name. When it appears from the pleadings or other reliable documentation that a
person is suing or being sued under an alias, or that his or her name is misspelled, use the correct name,
not the alias or the inaccurate spelling. Do not use "AKA" to indicate the alias or explanations like
"erroneously sued as" in titles.

§ 6:14 Partnerships or associations

Any partnership or other unincorporated association may sue and be sued in the name it has assumed.
(Code Civ. Proc., § 369.5, subd. (a); see Corp. Code, §§ 15048 [registered limited liability
partnerships], 15054 [foreign limited liability partnerships]; see also Corp. Code, §§ 16101, subds. (4),
(6) &: (7), 16111, 16307, subd. (a) [governing partnerships formed on or after jan. 1, 1997, and
governing all partnerships on and after jan. 1, 1999].)

When the partnership or association is named first, followed by its members' names, use the firm's
name and "et al." (e.g., AJAX PROPERTIES et al.). If the first named party is a member of the entity, it
is not necessary to note that a partnership or association is involved (e.g., TOM SMITH et al.). (See
San Mateo Community College Dist. v. Half Moon Bay Limited Partnership (1998) 65 Cal.App.4th
401.)

§ 6:15 Persons acting in representative capacity

If a party is involved in an action in a representative capacity, indicate that capacity in the title. Use
"etc.," after the person's status (e.g.,"JOHN JONES, as Administrator, etc.," "as Executor, etc.," "as
Personal Representative, etc.," "as Trustee, etc.," "as Trustee in Bankruptcy, etc.," "as Special
Administrator, etc.," "as Supervisor, etc.," "as judge of the Superior Court, etc.," and so forth. Trusts
and estates, for example, generally cannot appear in their own right. The trustees, executors, or
personal representatives, in their representative capacities, must be the named parties (see §§ 6:27,
6:47).

If a person appears in both a representative and an individual capacity, the designation is "JOHN
JONES, Individually and as Executor, etc." But if the person appears individually and as guardian ad
litem of a minor or an incompetent person; "et al." is used to describe representation of the unnamed
minor or legally incompetent person; no notation of representation is otherwise made in the title.

EDITOR'S END NOTE

No section of the California Style Manual other than what has been reproduced above makes any
reference to the the use of all capital letters in a party name on any paper, although in several examples
throughout the manuscript (some included herein), examples are shown of party names in pleadings in
all capital letters, without making any reference to nor explanation of this usage.