PRETRIAL ADJUDICATION
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Demurrers
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Grounds: To Complaint & Cross-Cmplt
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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.