“By law, certain persons and nonpersons lack the capacity to sue. The most common lack of capacity circumstances arise with respect to minors and persons who lack legal capacity to make decisions who are held to lack capacity to sue directly in their own names. Suit may be brought in their behalf by guardians ad litem or others authorized by law or appointed by the court to sue or defend on behalf of persons lacking capacity to sue. Deceased persons, persons for whom a general guardian or conservator has been appointed, certain unincorporated associations, and others also lack capacity to sue in their own names or under certain circumstances. As a general proposition, absent a lack of capacity created by law, a person may sue or be sued in any name under which the person is known and recognized. This chapter addresses all grounds under California law on which a defendant may assert that the plaintiff lacks capacity to sue.”
[California Affirmative Defenses [certain citations omitted]]
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