Paralegal Essentials – California Civil Procedure (Capacity to Sue)

In addition to having standing to sue, a plaintiff must have capacity to sue and a defendant must have capacity to defend.  The general rules is that any person or entity (Corporation, LLC, Partnership, Trust) has capacity to sue.  Only minors and incompetents (those adjudicated unable to manage their own affairs) lack capacity to sue or be sued.  If there is a minor or incompetent involved, and no formal estate has been established for them, e.g. guardianship or conservatorship estate, they a guardian ad litem will have to be appointed.  A guardian ad litem is a person whom the court appoints to act as the representative of an incompetent person in a lawsuit.

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