PRETRIAL ADJUDICATION
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Pleading
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Complaints
.........Standing to Sue
12 Cards On This Topic:
Ps who can truthfully allege they were deceived by product's "Made in USA" label into spending money to buy it, and would not have otherwise, have lost money or property within meaning of Prop. 64 and have standing to sue.
Prop 64 does not affect ordinary rules re amendment of complaints and their relation back; P may amend complaint to substitute new P to satisfy Proposition 64's amended standing requirements.
Nonresident paying property taxes in City would have standing if he could allege ••facts•• showing City's actions violated the law, and so amend to cure defects in his complaint.
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.
Visiting disabled P lacked standing under DPA to sue RV park owners for money damages for lack of swimming pool access where she was not registered as a guest and did not pay $10 guest fee.
Bright-line rule: Person must tender the purchase price for a business's services or products in order to have standing to sue it for alleged discriminatory practices.
Wireless co.’s payment of county use tax, from which it later found it was exempt, conferred standing on it to sue county for refund, and complaint adequately alleged involuntary payment.
Co-owner Wife of named insured was personally obligated for debts and was insured under insurance policy—Century had duty to defend her and she had standing to counterclaim.
Donor's contract with UCLA was subject to condition subsequent, not a charitable trust; in either event, donor had standing to sue.
Demurrer properly sustained where male P had no standing to sue domestic violence shelters: He could not show he was personally damaged and his complaint didn't fall under relaxed standing rules of public interest litigation.
Although registration as domestic partners was a prerequisite for standing under 2002 version of the wrongful death statute, 2005 version afforded P standing to sue.
Absent proof original owners suffered actual economic injuries b/c of construction defects, they had no causes of action against builder that precluded subsequent owners from maintaining claims for latent defects; dismissal reversed.