Sustained. 30 Days leave to amend
Standing Ruiz argues that Plaintiffs (Lazaro heirs) lack standing to challenge any determination made by the insurer concerning the workers’ compensation death benefits claimed by Ruiz on behalf of the Marcial heirs. The rule is that plaintiff must be the real party in interest as to the claim sued on “except as otherwise provided by statute.” (CCP §367.) The real party in interest is “the person who has the right to sue under the substantive law. It is the person who owns or holds title to the claim or property involved, as opposed to others who may be interested or benefited by the litigation.” (Weil & Brown, CPG: Civ. Proc. Before Trial (TRG 2020) Ch. 2, §2.2, citing Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560, 1566; Jasmine Networks, Inc. v. Sup. Ct. (Marvell Semiconductor, Inc.) (2009) 180 Cal.App.4th 980, 991.) A real party in interest “must have a real interest in the ultimate adjudication having suffered (or about to suffer) “an
Hearing Date
June 02, 2021
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Sustained. 30 Days leave to amend
Standing Ruiz argues that Plaintiffs (Lazaro heirs) lack standing to challenge any determination made by the insurer concerning the workers’ compensation death benefits claimed by Ruiz on behalf of the Marcial heirs. The rule is that plaintiff must be the real party in interest as to the claim sued on “except as otherwise provided by statute.” (CCP §367.) The real party in interest is “the person who has the right to sue under the substantive law. It is the person who owns or holds title to the claim or property involved, as opposed to others who may be interested or benefited by the litigation.” (Weil & Brown, CPG: Civ. Proc. Before Trial (TRG 2020) Ch. 2, §2.2, citing Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560, 1566; Jasmine Networks, Inc. v. Sup. Ct. (Marvell Semiconductor, Inc.) (2009) 180 Cal.App.4th 980, 991.) A real party in interest “must have a real interest in the ultimate adjudication having suffered (or about to suffer) “an