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Standing › Appellate Courts › California

Clark Hill PLC

California’s Fourth Appellate District provides much-needed clarity for summary judgment motions

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In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets...more

Patton Sullivan Brodehl LLP

Disputed Real Property Inheritance Must Be Resolved Before Partition Action

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The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...more

Allen Matkins

Is There A Contemporaneous Membership Requirement For LLC Inspections?

Allen Matkins on

The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules statutory damages don’t require proof of injury under state law

Orrick, Herrington & Sutcliffe LLP on

On February 13, in a decision from the California Court of Appeal, the court examined whether a consumer must establish actual damages to pursue statutory damages under California’s Fair Debt Buying Practices Act (FDBPA). The...more

Patton Sullivan Brodehl LLP

LLC Lacks Standing to Appeal Judgment Against its “Alter Ego” Owner

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Many prior posts have addressed the “alter ego” doctrine, under which a business entity’s owner can be held personally liable for the entity’s debts. This is also known as “piercing the corporate veil.”...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Addresses Derivative Standing and Failure of Oversight Claims Under Delaware Law

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In Tola v. Bryant, No. 16150, 2022 Cal. App. LEXIS 241 (Cal. App. Mar. 24, 2022), the First Appellate District of the California Court of Appeal applied Delaware’s new formulation of the test for determining whether a...more

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