Standing

Plaintiff could sue and the court had subject matter jurisdiction of its suit even though plaintiff was a dissolved limited liability company.   Read More

Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower.  Read More

A party that seeks to intervene in a pending action as of right under Federal Rule of Civil Procedure 24(a)(2) must meet Article III standing requirements if it wishes to pursue relief that is different from or in addition to the relief requested by the plaintiff, such as, here, a money judgment in favor of the intervenor against the defendant.  Read More

To establish taxpayer standing under California Code of Civil Procedure 526a, a plaintiff need not allege he paid real property taxes, payment or liability to pay any tax assessed by the defendant government entity suffices.  Read More

A contractor that provides pre-construction services to a public entity may perform a public function in advising the entity about the construction contract, thus subjecting itself to Gov. Code 1090’s prohibition of conflicts of interest in the award of public contracts.  Read More

Though not itself a licensed dealer, a plaintiff may recover under Vehicle Code 11726 for its franchisor’s violation of other Vehicle Code sections enacted to protect franchisees.  Read More

Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act.  Read More

Plaintiff states lacked parens patriae standing to challenge California’s law about conditions under which hens may be kept if their eggs are to be sold in California, since the law’s financial burden falls on individual egg producers, not the plaintiff states’ citizens in general.  Read More

While Congress may elevate intangible injuries to allow standing to sue, it cannot, by granting a right to statutory damages, create Article III standing when the plaintiff has suffered no actual injury, as can be the case when the defendant violates a statute’s purely procedural requirements.  Read More

Independent contractors hired by a governmental entity for purposes of letting public contracts are subject to the same anti-corruption prohibitions that apply to government officers and employees, who are forbidden from having any interest in public contracts that they let.  Read More

A parent corporation lacked standing to seek a declaratory judgment regarding coverage under an insurance policy under which only its subsidiary corporation was an insured.  Read More