San Diego, CA asked in Landlord - Tenant for California

Q: "Real Party In Interest?" was asked, because I believe that in My Case the Plaintiff-Is Not The Real Party In Interest?

I asked the Question about Why Form:APP-151 says Real Party In Interest and I believe that Real Party In Interest means the True Owner-is this True.To what extent does it Matter What name is listed as the Real Party In Interest?Real Party In Interest applies to the Plaintiff-If the Plaintiff's name matches the name of the Real Party In Interest them its smooth sailing, but if the Plaintiff's name does not Match the Real Party In Interest name-what happens?In My Case the Plaintiff's name and the Real Party In Interest are not the same people.This is the first time the Court will be seeing this guy's name as part of the Case.I believe that one business partner is going behind the other business partners back in My Unlawful Detainer Case to Evict Me.This is something that I can mention in My Petition for a Writ of Mandate-Prohibition.It is therefore very Important to know the Role of the Real Party In Interest.I believe the Attorney has Committed Fraud in my UD Case.

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2 Lawyer Answers
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the concept of "Real Party in Interest" is important in legal proceedings. The real party in interest is the person or entity who has the right to bring a lawsuit and is entitled to the benefits if the suit is successful. In most cases, the plaintiff should be the real party in interest.

If the plaintiff's name does not match the real party in interest, it could lead to complications in the case. The court may question the plaintiff's standing to bring the lawsuit, and the defendant may raise this as a defense. If the discrepancy is not resolved, the court might dismiss the case.

In your situation, if you believe that the named plaintiff is not the real party in interest and that one business partner is acting without the knowledge or consent of the other partners, you should bring this to the court's attention. Mentioning this in your Petition for a Writ of Mandate-Prohibition is a good idea, as it could be a significant factor in your case.

If the attorney has knowingly filed the case on behalf of a plaintiff who is not the real party in interest, it could constitute fraud upon the court. This is a serious allegation and, if proven, could lead to sanctions against the attorney and potentially benefit your case.

However, it's essential to have strong evidence to support your claims. Mere suspicion or belief may not be sufficient to persuade the court. Consulting with a legal professional experienced in landlord-tenant law and civil procedure could help you better understand your options and the strength of your arguments.

Pardeep Joshi
Pardeep Joshi
  • Landlord Tenant Lawyer
  • Licensed in California

A: "Real Party In Interest means the True Owner-is this True." ? Not necessarily. A real party in interest is the person or entity who has the right to bring suit even though someone else would ultimately benefit from the suit if it is successful. California Code of Civil Procedure Section 367 requires that every action must be prosecuted in the name of the real party in interest, this provision applies to UD actions CCP section 1166.

In unlawful detainer actions the plaintiff’s right to possession is what qualifies the plaintiff as the “real party in interest.” CCP §§367, 1166(a)(2). The party who will be entitled to the benefits of a court action if successful as opposed to one who has only a technical or nominal interest as a representative for the real party. For instance, California Code of Civil Procedure section 369 (a) allows various persons to sue: such as a personal representative under probate code; a trustee of an express trust and so on ...

However, in this context at hand. An appeal may be taken by a "party aggrieved by the appealed judgment or order. Normally, there are three parties to a writ proceeding and captioned accordingly. 1. Petitioner ( the party seeking relief), 2. Respondent (the trial court/the inferior tribunal, 3. Real party in interest, the party who prevailed in the trial court is the real party in interest, it is customary for the real party in interest to respond rather than the respondent. It is important to note that a person need not have been a party in the trial court to be a real party in interest in the writ proceedings. The real party in interest need only have an interest that will be directly affected by writ proceedings.

The facts you cite are not complete, tend to argue with the form over substance and not helpful to you in my opinion. Confer with a counsel on subject near you for further advise and action.

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