Powers v. Ashton

Opinion

THOMPSON, J.

In this appeal from a judgment of dismissal after a demurrer was sustained to appellant’s complaint without leave to amend, we consider: (1) the standing of “an administrator” of various trusts created pursuant to a collective bargaining agreement to sue as a real party in interest to enforce an obligation due the trusts; and (2) the propriety of trial court action in denying leave to amend after it had determined that the “administrator” lacked standing to sue. We conclude from the record that appellant is not a real party in interest so that a demurrer to appellant’s…