Standing

CCP 902 allows an appeal only by a party "aggrieved" by the appealed order or judgment.  Here, the watermaster appointed by the court to administer its judgment allocating water rights among claimants to the same river was not aggrieved and therefore lacked standing to appeal from a trial court order which interpreted the 60-year-old judgment allocating water rights among the… Read More

Plaintiff was the executrix as well as a beneficiary of her parents' estate. She claimed that a relative and co-beneficiary conspired with two other defendants to fraudulently induce her, as executrix, to take a large loan at usurious rates secured by the parents' house, the estate's principal asset, after which the co-beneficiary misappropriated most of the loan funds.  This decision… Read More

Oakland lacked standing to bring a price-fixing antitrust claim against Oakland Raiders and other NFL teams arising out of the Raiders' move to Las Vegas.  A finding of antitrust standing requires a balancing of the nature of the plaintiff’s alleged injury, the directness of the injury, the speculative measure of the harm, the risk of duplicative recovery, and the complexity… Read More

This decision dismisses as moot a suit that a taxpayer brought seeking to enjoin a program for granting emergency aid to undocumented aliens in California during the COVID pandemic.  The program proceeded while the case was pending.  All the program's money was spent.  There is no way to get the money back and no realistic threat that the program will… Read More

To have standing to move to disqualify another party's attorney, the movant must generally be a present or former client of the challenged attorney, or at least a person who shared confidential information with that attorney in the course of a confidential or fiduciary relationship.  Otherwise, the movant is generally not affected by any breach of the attorney's duties of… Read More

In a direct listing, the issuing company files a registration statement with the SEC which then allows it to sell its registered shares directly to the public and allows its existing shareholders to do so as well.  Since direct listing does not involve bank financing of the issuance, there is no "lock up" period during which unregistered shares cannot be… Read More

A director of a nonprofit public benefit corporation who brings an action on behalf of that corporation loses standing to pursue its claims if the director is not reelected to the office of director at any point during the litigation.  Here, plaintiff was not re-elected, lost standing, and his suit was properly dismissed. Read More

Following Kim v. Reins Internat. California, Inc. (2020) 9 Cal.5th 73, this decision holds that the plaintiff in this case had standing to pursue a PAGA suit against her employer because she alleged she had been a victim of one of the alleged violations of the Labor Code by her employer.  She did not lose her standing to sue under… Read More

Distinguishing In re Pecan Groves of America (9th Cir. 1991) 951 F.2d 242, this decision holds that a creditor with a security interest in the debtor's real property has standing to quiet title to the property based on the fact that the homeowners association foreclosed on the property while the automatic stay was in effect on the debtor's bankruptcy.  Under… Read More

Each class member must establish Article III standing in order to recover relief in a case in federal court.  Here, TransUnion included incorrect OFAC terrorist information in its credit files on 8,000 class members but issued credit reports to third parties with the incorrect OFAC information only as to 1,600 of the class members.  This decision holds that only the… Read More