PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........Special Demurrer
............Lack of Standing to Sue
9 Cards On This Topic:
  • Tangible burden of hospital's requiring uninsured P to apply for financial aid to avoid its "full charges" pricing structure, including providing personal financial data, is quite enough to confer injury-in-fact standing on P.
  • Demurrer improperly sustained where, as a shareholder, estate had standing and was entitled to pursue a derivative action on behalf of dissolved corporation.
  • In derivative suit, shareholder/plaintiff lacked standing to sue under both Cal. and Del. law, and Ds' demurrer properly sustained.
  • Demurrer properly sustained w/out leave where shareholder lacked standing to assert derivative claims on behalf of Apple because of her failure to make a presuit demand and her failure to allege futility of demand.
  • P had no standing to sue under CLRA without some allegation that s/he was damaged by an alleged unlawful practice; complaint did not sufficiently allege C/A for injunctive relief.
  • Trial court correctly sustained D's demurrer w/out leave where P was an uncompensated volunteer and not an "employee" for purposes of wrongful termination and discrimination suit under FEHA.
  • Domestic partner had standing to sue hospital for wrongful death occurring before 2002/2003 amendments to CCP 377.60.
  • Demurrer must be sustained where members of limited liability corp. had no standing to sue on personal causes of action rather than by derivative action.
  • Nonprofit corp. formed to maintain condo had legal capacity to sue, which is right to come to court, but lacked standing to sue, which is right to relief.