“‘There is a difference between the capacity to sue, which is the right to come into court, and the standing to sue, which is the right to relief in court.’ Unlike lack of capacity, lack of standing negates the existence of a cause of action and is not waived by failure to object; it can even be raised for the first time on appeal. In general, any person or entity has capacity to sue or defend a civil action in California courts. This includes both natural and artificial “persons” (corporations, partnerships, associations, governmental entities, etc.). But there are a few situations in which the plaintiff or defendant may lack capacity to be a party to a civil action.”
[California Practice Guide: Civil Procedure Before Trial [certain citations omitted]]
