Actions to recover preferential payments under s 451 of the Corporations Code must be brought in the name of the liquidator, while actions to recover void dispositions under s 368 must be brought in the name of the company in liquidation. Where a plaintiff sues a person known by a business name but is mistaken as to the legal entity behind that name, the substitution of the correct entity constitutes a correction of a 'mistake in the name of a party' under r 36.01(4), and the proceedings are taken to have commenced against the substituted party on the original filing date. A new plaintiff cannot be added after the limitation period for that plaintiff's cause of action has expired.
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