what can prove a person has a legal capacity to sue/ Are their any points of authorities from pass cases that can be refferenced?
3 Answers from Attorneys
Yes, there are many past cases which deal with this issue. But the facts need to be known in order to research applicable case law. You can probably retain legal counsel to research and/or write your motion for a fee of approx. $300.00 per hour or maybe for a flat fee.
If you insert the term "legal capacity to sue" (in quote marks) in an internet search engine, there will be many links to the definition of the term, some containing cases. You might also go to http://www.scholar.google.com , click on the "legal documents" button, and search for the term. You will find many cases that reference the term. Look for ones decided by courts in California, if that is where the case should be located.
The term generally means the person must be of age of majority, of sound mind, and have a direct interest in the case that is being filed, among other things.
If you go into your local law library, you should look at the first volume of The Rutter Group's Civil Procedure Before Trial. Chapter 2 of that series has a good discussion, including citations to case law, on the capacity to sue or defend a lawsuit. I can't give you anything specific without knowing the specifics of what you are looking for.