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
Page 18
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.