When a petition names a court as the respondent, does the petitioner have to disclose the name of the Respondent?

California, United States of America


The following excerpt is from Spray v. Superior Court of Orange County, G037541 (Cal. App. 11/28/2007), G037541 (Cal. App. 2007):

When, as here, the petition names a court as the respondent, "it must disclose the name of any real party in interest." (Cal. Rules of Court, rule 8.490(b)(2).) "`Real party in interest' has been generally defined as `any person or entity whose interest will be directly affected by the proceeding . . . .' [Citation.] While the real party in interest is `usually the other party to the lawsuit or proceeding being challenged' [citation], it may be `the person or entity in whose favor the acts complained of operates [sic]' or `anyone having a direct interest in the result' [citation], or `the real adverse party . . . in whose favor the act complained of has been done.' [Citations.]" (Sonoma County Nuclear Free Zone `86 v. Superior Court (1987) 189 Cal.App.3d 167, 173.)

Other Questions


Does the Court of Appeal have jurisdiction to deny without prejudice a habeas corpus petition from a defendant who has not filed a petition in the proper lower court? (California, United States of America)
When a respondent has not filed a respondents' brief in an appeal, can the court order that the respondent must file his or her own brief? (California, United States of America)
Is a lower court judge who is named as a respondent in an extraordinary writ proceeding brought in an appellate court to challenge an order rendered by a judge? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Is Respondent's petition against appellant a mixed protected and non-protected petition? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What is the effect of the Court of Appeal's order requiring the prosecution to disclose the names of witnesses to the defense? (California, United States of America)
When a petition does not request child support in a case in which the court feels it should be ordered, what recourse does the court have? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.