Fazzi v. Peters

In Fazzi v. Peters (1968) 68 Cal.2d 590, the California Supreme Court construed Code of Civil Procedure section 388, as it read prior to a 1967 amendment, and held it did not permit "the rendition of a judgment binding the individual property of an alleged partner served with process in, but not made a party to, an action against the partnership wherein the latter was sued by its common name." ( Id. at p. 594.) The California statute involved contained provisions substantially the same as the above Utah statutes. As the court pointed out in Fazzi in footnote 7 (at pp. 597-598) the 1967 amendment "unquestionably removed" any ambiguity that joinder as a party and personal service upon a partner in that capacity is required before a judgment establishing personal liability may be obtained.