PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Capacity to Maintain Action
............Who or What Has Capacity?
7 Cards On This Topic:
  • A corporation is an entity and has capacity to sue.
  • Although OR estate representative (S) lacked capacity to sue in CA, he may obtain ancillary appointment by CA court; under both CA and OR law, S had standing to sue attorneys retained by former representative to act for estate.
  • Existing natural, artificial, quasi-artificial person has capacity to sue or be sued; non-entity has no capacity.
  • An estate is neither a natural nor artificial person and, therefore, cannot sue or be sued.
  • The estate of a decedent is not an entity known to law nor a natural nor artificial person.
  • Partnerships and unincorporated associations have the capacity to sue and be sued in known or assumed names; members may be joined.
  • Partnerships and unincorporated associations have the capacity to sue and be sued in known or assumed names.