Hilliard v. Harbour

Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower.  Hilliard, a 78-year-old, owned a controlling interest in Crystal Companies, which owned radio stations.  Wells Fargo lent $20…

Town of Chester v. Laroe Estates, Inc.

A party that seeks to intervene in a pending action as of right under Federal Rule of Civil Procedure 24(a)(2) must meet Article III standing requirements if it wishes to pursue relief that is different from or in addition to the relief requested by the plaintiff, such as, here, a money judgment in favor of…

Weatherford v. City of San Rafael

To establish taxpayer standing under California Code of Civil Procedure 526a, a plaintiff need not allege he paid real property taxes, payment or liability to pay any tax assessed by the defendant government entity suffices.  Under CCP 526a, a person who is assessed and is liable to pay a tax or who has paid a…

California Taxpayers Action Network v. Taber Construction, Inc.

A contractor that provides pre-construction services to a public entity may perform a public function in advising the entity about the construction contract, thus subjecting itself to Gov. Code 1090’s prohibition of conflicts of interest in the award of public contracts.  Though Gov. Code 1090 (forbidding conflicts of interest in public contracts) expressly applies only…

Guarantee Forklift, Inc. v. Capacity of Texas, Inc.

Though not itself a licensed dealer, a plaintiff may recover under Vehicle Code 11726 for its franchisor’s violation of other Vehicle Code sections enacted to protect franchisees.  Vehicle Code 11726 provides that a licensee that suffers pecuniary loss from another licensee’s willful failure to comply with various auto franchise statutes or DMV regulations may recover…

Tepper v. Wilkins

Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act.  Tepper brought this action on behalf of her 88-year old mother, alleging that Tepper’s siblings, who were trustees of the mother’s living trust, were committing financial abuse of an elder…

Missouri v. Harris

Plaintiff states lacked parens patriae standing to challenge California’s law about conditions under which hens may be kept if their eggs are to be sold in California, since the law’s financial burden falls on individual egg producers, not the plaintiff states’ citizens in general.  Missouri and several other states lacked Article III standing to bring…

Spokeo, Inc. v. Robins

While Congress may elevate intangible injuries to allow standing to sue, it cannot, by granting a right to statutory damages, create Article III standing when the plaintiff has suffered no actual injury, as can be the case when the defendant violates a statute’s purely procedural requirements.  To state an Art. III case or controversy and…

McGee v. Balfour Beatty Construction, LLC

Independent contractors hired by a governmental entity for purposes of letting public contracts are subject to the same anti-corruption prohibitions that apply to government officers and employees, who are forbidden from having any interest in public contracts that they let.  A taxpayer has standing to seek to void a public contract on the ground that…

D. Cummins Corp. v. United States Fidelity & Guaranty Co.

A parent corporation lacked standing to seek a declaratory judgment regarding coverage under an insurance policy under which only its subsidiary corporation was an insured.  Though the CCP 1060 appears to grant almost anyone the right to seek declaratory relief, CCP 1061 allows a trial court to refuse to issue declaratory relief in any case…