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Standing

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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

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

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

A shareholder in a California-based corporation has Article III standing to sue the California Secretary of State to seek to enjoin SB 826 (2018) which enacted Corp. Code  301.3, 2115.5, requiring covered corporations to have at least one female director by 2019 and up to three female directors by 2021.  Even though the statute is directed against corporations, not their… Read More

Two individuals and a number of states lack standing to challenge the minimum essential coverage provision of Obamacare because Congress eliminated the penalty for non-compliance with the statutory requirement of minimum coverage.  As there was no longer any governmental compulsion to obtain the coverage, the individual plaintiffs could not show that their supposed injury from having paid for coverage was… Read More

Under CCP 526a, as amended in 2018, to have standing to bring a taxpayer suit, the plaintiff must show that it or one of its members (a) resided within the jurisdiction of the governmental entity at suit and (b) within a year before the challenged governmental action paid a tax that funds that entity which is a property tax, an… Read More

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