California Civil Procedure (Standing to Sue)

lawbooksBefore filing a lawsuit in California, there are several preliminary issues which the plaintiff must consider.
These include standing to sue, capacity to sue, personal jurisdiction, subject matter jurisdiction and venue to name a few.
 
In California, the law requires the plaintiff be the “real party in interest”. The “real party in interest

” is the person who has the right to sue under the applicable substantive law. This is the person who owns the property, holds title to property or some other claim that is involved.

 
The purpose of this requirement is to protect defendants against whom a judgment may be obtained from being sued again by some other claimant for the same underlying obligation or debt.  If one wants to challenge standing to sue or allege that the plaintiff is not the real party in interest, they would file a General Demurrer which will be discussed in more detail in other posts.
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Published in: on January 28, 2013 at 8:56 am  Leave a Comment  
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