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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

“First of all, plaintiff must be the ‘real party in interest’ with respect to the claim sued upon. Except as otherwise provided by statute, ‘every action must be prosecuted in the name of the real party in interest.’ Generally, 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. The purpose of the real party in interest requirement is to assure that any judgment rendered will bar the owner of the claim sued upon from relitigating. ‘It is to prevent a defendant against whom a judgment may be obtained from further harassment or vexation at the hands of other claimants to the same demand.'”

[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson