Can a claim for damages be waived under Code of Civil Procedure section 430.80?

California, United States of America


The following excerpt is from McKinny v. Board of Trustees, 181 Cal.Rptr. 549, 31 Cal.3d 79, 642 P.2d 460 (Cal. 1982):

Defendants contend that plaintiffs do not have standing to maintain this action. Although this argument was not raised in the trial court, it is properly before us. It is elementary that a plaintiff who lacks standing cannot state a valid cause of action; therefore, a contention based on a plaintiff's lack of standing cannot be waived under Code of Civil Procedure section 430.80 and may be raised at any time in the proceeding. (Horn v. County of Ventura (1979) 24 Cal.3d 605, 619, 156 Cal.Rptr. 718, 596 P.2d 1134; Parker v. Bowron (1953) 40 Cal.2d 344, 351, 254 P.2d 6.)

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