When two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the sum- mons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued upon their joint liability.

SOURCE: CCP § 388.

NOTE: CCP § 389, Court may order Amended Pleading, has been replaced by GRCP Rule 15.