Cal. Civ. Code § 9-115
Dismissal as to part. The plaintiff may at any time dismiss his or her action as to any one or more of the defendants, and the jury or court may find any one or more of the defendants liable, and the others not liable, and the court shall thereupon enter judgment according to such finding
Operative Text
Dismissal as to part. The plaintiff may at any time dismiss his or her action as to any one or more of the defendants, and the jury or court may find any one or more of the defendants liable, and the others not liable, and the court shall thereupon enter judgment according to such finding.
Under 735 Ill. Comp. Stat. 5 § 9-115, a plaintiff in an Illinois eviction or possession action has the flexibility to drop the case against some defendants while continuing against others. Likewise, a judge or jury can find certain defendants liable while clearing others, and the court must then issue a judgment that reflects those individual findings. This means that multiple defendants named in the same action are not automatically treated as a single unit — each person's liability is assessed separately.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-115, a landlord who files a possession action naming multiple defendants — such as several co-tenants or occupants — is not locked into pursuing all of them equally throughout the case. A compliant operator typically keeps accurate records identifying each occupant's role and lease status, since the court will evaluate each defendant's liability on its own merits. Understanding that judgments can be entered selectively helps property managers structure their filings and evidence with each named party in mind.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-115, tenants named alongside other defendants in an Illinois eviction proceeding have the right to have their individual liability assessed separately from co-defendants. A tenant who believes the claims against them are distinct from those against other occupants may raise that distinction as part of their defense before the court. Consulting a tenant-rights organization or legal aid provider familiar with Illinois eviction procedure can help a tenant understand how this provision may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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