Flashcards Studio

Zara Lopez, 29-year-old with a court-ordered guardianship due to a developmental disability, files a civil action for damages in the trial court arising from a road accident within the court’s territorial jurisdiction. The complaint is filed in Zara’s name but signed by her sister, who is not her guardian and is not authorized as guardian ad litem. No guardian ad litem has been appointed. The defendant moves to dismiss on lack of jurisdiction over the plaintiff. (a) Identify the governing doctrine on jurisdiction over the plaintiff. (b) Distinguish this rule from the related rules on capacity to sue and real party in interest. (c) Apply the rule to these facts and determine whether the court has acquired jurisdiction over the plaintiff and what disposition is proper.