Flashcards Studio

A civil action for damages is filed in the trial court by Lia Cruz, a 14-year-old girl, arising from a bicycle accident that occurred within the court’s territorial jurisdiction. The complaint is filed in Lia's name but is signed by Lia's aunt, who is not Lia's guardian. 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.