• Archives

  • Blog Stats

    • 665,545 hits
  • Categories

Code of Civil Procedure section 367 and standing to sue in California

Code of Civil Procedure section 367 and standing to sue in California are the topic of this blog post.  The term standing to sue means the right to relief in court.

In order for a party to have standing they must be the “real party in interest” with respect to the claims sued upon. The California Supreme Court has held that the issue of lack of standing to sue is not waived and may be raised at any time.

The law in California states that a party suing on a claim for relief must be the real party in interest unless a specific exception applies.

Except as otherwise provided by statute, “every action must be prosecuted in the name of the real party in interest . . .” Code of Civil Procedure § 367; see also Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1004.

Generally, the real party in interest is the person who has the right to sue under the substantive law. It is the person who owns or holds title to the claim or property involved, as opposed to others who may be interested or benefitted by the litigation. Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560, 1566.

The California Supreme Court has held that a plaintiff’s lack of standing to sue on the claim is treated as a “jurisdictional” defect and is not waived by defendant’s failure to raise it by demurrer or answer.

The purpose of the real party in interest requirement is to assure that any judgment rendered will bar the owner of the claim sued upon from relitigating. “It is to save a defendant, against whom a judgment may be obtained, from further harassment or vexation at the hands of some other claimant to the same demand.” Giselman v. Starr (1895) 106 Cal. 651, 657; see also Cloud v. Northrop Grumman Corp. supra at 1003.

Any party served with a summons and complaint should consider the issue of standing to sue, particularly if they are the defendant in a collection case. This is due to the fact that in collection cases involving junk debt buyers the issue of lack of standing to sue often comes up.  Many if not most junk debt buyers cannot clearly show standing to sue.  This means that a motion for summary judgment, motion for nonsuit or motion for judgment might be appropriate depending on the circumstances of the case and the trial date.

Attorneys or parties in California that would like to view a portion of a sample demurrer to a complaint for lack of standing sold by the author of this blog post can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

Attorneys or parties in California who would like to view over 300 sample legal documents for sale by the author of this blog post can visit the following link: http://www.scribd.com/LegalDocsPro

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing.  Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

Copyright 2014 Stan Burman.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: