This case has been cited 1 times or more.
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2010-04-20 |
BERSAMIN, J. |
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| Every action must be prosecuted or defended in the name of the real party in interest, unless otherwise authorized by law or the rules.[26] A real party in interest is one who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.[27] "Interest" within the meaning of the rule means material interest, an interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest. The rule refers to a real or present substantial interest, as distinguished from a mere expectancy; or from a future, contingent, subordinate, or consequential interest.[28] One having no right or interest to protect cannot invoke the jurisdiction of the court as a party-plaintiff in an action.[29] | |||||