Can plaintiffs who have been found to have lost standing in a civil action be substituted as real parties in interest?

California, United States of America


The following excerpt is from Ark-Majiyagbe v. Gandy, C075313 (Cal. App. 2019):

Likely because the defect is in the party and not the court's lack of fundamental jurisdiction, "courts have permitted plaintiffs who have been determined to lack standing, or who have lost standing after the complaint was filed, to substitute as plaintiffs the true real parties in interest. [Citations.]" (Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 243.) "[I]f the cause of action alleged against the defendant would not be wholly different after amendment, a complaint filed by a party without standing may be amended to substitute in the real party in interest. (Klopstock [v. Superior Court of San

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