Party Naming Errors

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What is the applicable statute of limitations for a claim of reformation of an instrument based on fraud or mistake?

One year

Three years (correct)

Two years

Four years

What did the trial court claim was the reason for denying the proposed amendment?

The trial court had no power to allow the amendment

The defendant would be prejudiced by the amendment

The plaintiff had engaged in dilatory pleading practices

The proposed amendment circumvented the statute of limitations (correct)

Which party made the mistake of naming the Trust twice in the complaint?

Dupree

Chiarelli (correct)

MAM

CIT Bank

What was the reason given for denying the amendment to the complaint?

Delay in itself Signup and view all the answers

What claims did Dupree propose to pursue?

Reformation, quiet title, and declaratory relief Signup and view all the answers

What does the text suggest about the outcome of the case for Dupree?

There is evidence and room for debate Signup and view all the answers

According to the Second Circuit panel in Fund Liquidation Holdings, what are the two potentially distinct legal concepts implicated in corporate dissolution?

Capacity to sue and legal existence Signup and view all the answers

According to the panel in Fund Liquidation Holdings, which of the following is non-jurisdictional in nature?

Capacity to sue Signup and view all the answers

According to the Fund Liquidation Holdings panel, what is a problem of constitutional magnitude?

Non-existence of the supposed claimant Signup and view all the answers

According to the panel in Fund Liquidation Holdings, when should a case be dismissed for want of subject-matter jurisdiction?

If the real party in interest fails to materialize or lacks standing Signup and view all the answers

What is the initial question regarding Ms. Redland's failure to discover the alleged mistake in the deed of trust in 2006?

Was the mistake in the deed of trust excusable? Signup and view all the answers

When would the filing date for any amended complaint relate back to, according to the text?

February 2017 Signup and view all the answers

Why does MAM argue that the relation back doctrine does not apply?

Because the original complaint was void ab initio Signup and view all the answers

What do the federal cases cited by MAM in the text reinforce?

MAM's reading of Oliver Signup and view all the answers

Under California law, lack of standing as a real party in interest is equivalent to

a failure to state a cause of action Signup and view all the answers

According to The Rossdale Group, LLC v. Walton, the concept of 'standing' in Article III of the Constitution refers to

the requirement to establish an entitlement to judicial action separate from the merits of the claim Signup and view all the answers

In California, lack of standing is

not constitutionalized in the same way as under federal law Signup and view all the answers

The constitutional baseline for a superior court in California is that it has the power to decide cases

in all cases in law and equity Signup and view all the answers

What does MAM argue about Parcel Two?

Parcel Two should be encumbered along with Parcel One Signup and view all the answers

What does Dupree's proposed amended complaint allege about reverse mortgages?

Reverse mortgages can only secure residential property Signup and view all the answers

What is the resolution of the merits issues dependent on?

Fulsome development of the evidentiary record at trial or a dispositive pretrial motion Signup and view all the answers

Which court system does not allow for questioning subject matter jurisdiction after judgment?

State court system of general jurisdiction Signup and view all the answers

What type of claims did Dupree seek to bring in his proposed first amended complaint?

Conventional claims often made in contests over title to real property Signup and view all the answers

What reason did Dupree provide for the delay in seeking to substitute himself as plaintiff?

He was unaware of the Trust's legal capacity to sue Signup and view all the answers

What should MAM do if they have grounds for a dispositive motion winnowing the claims in this case?

Present the motion to the trial court Signup and view all the answers

What does section 11 of the Restatement Second of Judgments state?

A judgment may properly be rendered against a party only if the court has authority to adjudicate the type of controversy involved in the action. Signup and view all the answers

What does section 7 of the Restatement of Judgments (1942) state?

A judgment is void if it is not rendered by a court with competency to render it. Signup and view all the answers

What does MAM claim regarding Dupree's proposed first amended complaint?

It failed to state viable causes of action. Signup and view all the answers

What is the default presumption of subject matter jurisdiction in California courts?

Subject matter jurisdiction exists unless proven otherwise. Signup and view all the answers