What is the legal test for standing to assert a statutorily based cause of action?

California, United States of America


The following excerpt is from Osborne v. Yasmeh, 1 Cal.App.5th 1118, 205 Cal.Rptr.3d 656 (Cal. App. 2016):

As a general principle, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real interest in the ultimate adjudication because he or she has either suffered or is about to suffer an injury of sufficient magnitude reasonably to assure that all of the relevant facts and issues will be adequately presented to the adjudicator. (Holmes v. California Nat. Guard (2001) 90 Cal.App.4th 297, 314315, 109 Cal.Rptr.2d 154.) The prerequisites for standing to assert statutorily based causes of action are determined from the statutory language,

[1 Cal.App.5th 1126]

as well as the underlying legislative intent and the purpose of the statute. (Boorstein v. CBS Interactive, Inc . (2013) 222 Cal.App.4th 456, 466, 165 Cal.Rptr.3d 669.)

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