Flashcards Studio

A civil action for damages arising from a road accident within the court's territorial jurisdiction is filed in the trial court by Ava Santos, a 40-year-old woman who has been judicially declared incompetent to manage her own affairs due to dementia. The complaint is filed in Ava's name but signed by her sister, who is not Ava's guardian or guardian ad litem. No guardian ad litem has been appointed. The defendant moves to dismiss for 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.