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1. Code of Civil Procedure-CCP 367 said every action must be…

1. Code of Civil Procedure-CCP...
1. Code of Civil Procedure-CCP 367 said every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. I would like to read the stipulations that certify that a person is “ The Real Party In Interest” in a civil court case.2. Code of Civil Procedure-CCP 367 said every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. I would like to read the stipulations that certify that a person is not “ The Real Party In interest” in a civil court case.
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Answered in 1 hour by:
9/15/2017
socrateaser
socrateaser, Lawyer
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Hello Carlton:

Best way to determine the negative law is to invert the positive -- which is as follows:

“Real Party in Interest” Defined: 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 benefited by the litigation. [Gantman v. United Pac. Ins. Co. (1991) 232 CA3d 1560, 1566, 284 CR 188, 191; Jasmine Networks, Inc. v. Sup.Ct. (Marvell Semiconductor, Inc.) (2009) 180 CA4th 980, 991, 103 CR3d 426, 433—“while superficially concerned with procedural rules,” CCP § 367 “really calls for a consideration of rights and obligations”]

Real party in interest issues are often discussed in terms of plaintiff's “standing to sue.” [See Powers v. Ashton (1975) 45 CA3d 783, 787, 119 CR 729, 732; Windham at Carmel Mtn. Ranch Ass'n v. Sup.Ct. (Presley) (2003) 109 CA4th 1162, 1172, 135 CR2d 834, 841 ; Blumhorst v. Jewish Family Services of Los Angeles (2005) 126 CA4th 993, 1001, 24 CR3d 474, 479—person invoking judicial process must have a real interest in the ultimate adjudication, having suffered (or about to suffer) “an injury of sufficient magnitude reasonably to assure that all the relevant facts and issues will be adequately presented”; Iglesia Evangelica Latina, Inc. v. Southern Pac. Latin American Dist. of Assemblies of God (2009) 173 CA4th 420, 445, 93 CR3d 75, 94—party must have “some special interest to be served or some particular right to be preserved or protected” (internal quotes omitted)]

Hope this helps -- and that you are doing well. Thanks again for using Justanswer.

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