Party Naming Errors
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Questions and Answers

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?

    <p>Delay in itself</p> Signup and view all the answers

    What claims did Dupree propose to pursue?

    <p>Reformation, quiet title, and declaratory relief</p> Signup and view all the answers

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

    <p>There is evidence and room for debate</p> 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?

    <p>Capacity to sue and legal existence</p> Signup and view all the answers

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

    <p>Capacity to sue</p> Signup and view all the answers

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

    <p>Non-existence of the supposed claimant</p> 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?

    <p>If the real party in interest fails to materialize or lacks standing</p> 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?

    <p>Was the mistake in the deed of trust excusable?</p> Signup and view all the answers

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

    <p>February 2017</p> Signup and view all the answers

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

    <p>Because the original complaint was void ab initio</p> Signup and view all the answers

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

    <p>MAM's reading of Oliver</p> Signup and view all the answers

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

    <p>a failure to state a cause of action</p> 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

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

    In California, lack of standing is

    <p>not constitutionalized in the same way as under federal law</p> Signup and view all the answers

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

    <p>in all cases in law and equity</p> Signup and view all the answers

    What does MAM argue about Parcel Two?

    <p>Parcel Two should be encumbered along with Parcel One</p> Signup and view all the answers

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

    <p>Reverse mortgages can only secure residential property</p> Signup and view all the answers

    What is the resolution of the merits issues dependent on?

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

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

    <p>State court system of general jurisdiction</p> Signup and view all the answers

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

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

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

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

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

    <p>Present the motion to the trial court</p> Signup and view all the answers

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

    <p>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.</p> Signup and view all the answers

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

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

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

    <p>It failed to state viable causes of action.</p> Signup and view all the answers

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

    <p>Subject matter jurisdiction exists unless proven otherwise.</p> Signup and view all the answers

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