The same day, this action was filed against Walton, stating a single claim for malicious prosecution, based on the allegation that Walton's prior lawsuit was pursued on legal theories Walton knew to be erroneous and discovery tactics meant to prolong a meritless lawsuit. Hb``$PPTR~|@T#2S/`MZ QJjq2%@q [$). hearing date. So You're Green Prove It or Be Prosecuted: ACCC Sweep Finds 57 California Court of Appeal Addresses When Violations are Willful or Whats new in Belgium on the employment front? 765. Our Supreme Court held that the taxpayers did have standing because they were seeking, by a writ of mandamus, to procure the enforcement of a public duty. 438-441.) In , the district Kissman court held that the defendants waived the issue of the plaintiff's lack of standing because . endstream Plaintiffs do not plausibly allege an injury redressable by prospective relief for any of the named plaintiffs, according to the states filing. Case 20-01079-SMG Doc 157 Filed 06/08/22 Page 1 of 9. It does not. ORDERED in the Southern District of Florida on June 7, 2022. This case involves simply a corporate capacity issue. Dare I say, Judge Aileen M. Cannon of the Southern District of Florida (West Palm Beach Division) got it right here! There is a difference between the capacity to sue, which is the right to come into court, and the standing to sue, which is the right to relief in court. (Color-Vue [supra], 44 Cal.App.4th [at p.] 1604 [citation].) Dated: ________________________________, _______________________________________ She granted Defendants Motion to Dismiss holding that Plaintiff lacked Article III standing. This timely appeal followed.4, Miami Legal's primary argument is that the use of a fictitious name does not raise standing or jurisdictional issues. STATE A CLAIM, OF LACK OF SERVICE OF PROCESS, AND OF LACK OF. Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy. Free Speech Shines Bright, Illuminates Patent Owners Right to Allege California Supreme Court to Address Rounding of Employee Time. Additionally, C2C moves to strike Plaintiff's demand for attorney's fees, pursuant to Fed. A complaint filed by someone other than the real party in interest is subject to general demurrer on the ground that it fails to state a cause of action. Whatever the exact contours of the concept of standing as it is used in California, the fact that a corporate entity's status has been suspended does not implicate it. I was not notified. ", I have also seen it called "Respondent's Response to Petitioner's Motion to Dismiss." At the time it filed suit, it lacked legal capacity to sue. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. For example, in Walton's motion to dismiss, he brought to the trial court's attention the existence of another limited liability company, also called Miami Legal Resources, LLC, which had filed its articles of organization with the state of Florida in September 2015. Had Walton filed a motion to amend his answer, as he should have, the trial court's decision on that motion would have been reviewed for an abuse of discretion. Email: ____________________________________ This is usually in response to a petition or file claimed by the opposing party requesting the court to grant them some form of relief. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. <>stream They have requested oral arguments on the motion. Its purpose is to protect a defendant from harassment from other claimants on the same demand. (Redevelopment Agency of San Diego v. San Diego Gas & Electric Co. (2003) 111 Cal.App.4th 912, 921. 1, 14. that you may have supporting your request. tM^3g ), The Lincoln Unified court also rejected the assertion that section 367 requires that a party sue in his or her own name. Dear Kimberly,Here you go. P. 1.140. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. Another win! Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. That statute, however, merely provides the general rule that every action must be prosecuted in the name of the real party in interest. For authorities updated in real time, please see theSmartRules Guide for the litigation document you are drafting. % PREMO, J. This site accepts advertising and other forms of compensation. MOTION TO DISMISS FOR LACK OF STANDING . I HEREBY CERTIFY that a copy hereof has been furnished by ____ mailed; ____ faxed and mailed; ____ hand delivered; to the persons listed below on _________ day of __________ 20 ____. (Id. 1604.) This case also notes that when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing. N Hw+^?{`Z.Vs6t~}:)hb*~D[N: 'h1,'v1^zX!YMobb6QR2- K} dTh"3xHzg"+j&]Z{*^285 As our Supreme Court noted over a century ago, a person may adopt any name in which to prosecute business, and may sue or be sued in such a name. (Emery v. Kipp (1908) 154 Cal. Motions to dismiss are substantively and procedurally distinct from voluntary and involuntary dismissals under Fla. R. Civ. 2d 1147 (Fla. 4th DCA 2005). Procedure (5th Ed. (Id. Corcamore moved to dismiss the petition for lack of standing under Rule 12(b)(6) of the Federal Rules of Civil Procedure, "citing the analytical framework established by the Supreme Court in . Or you can purchase our fillable PDF General Motion form for immediate download. Complaint sufficiently alleges consumer harm and damage. 227(c), and 47 C.F.R. _____________________________/, COMES NOW the ___________________ and moves this Honorable Court to: :____________________, Petitioner H\j0E Huertas court filing says the lawsuit lacks standing because Huerta is not a state actor or is protected by qualified immunity. Her filing also alleges the lawsuit should be dismissed because the plaintiffs have not alleged constitutional harm or made another legal claim. CONCLUSION. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW Telehealth Update: DEA Issues Long-Awaited Proposed Rule on CFPB Provides Guidance on Auto Finance Data Pilot, Two Maui Men Sentenced for Racially Motivated Attack on White Man, US Executive Branch Update March 3, 2023, EPA Holds Third and Final TSCA Engineering Initiative Webinar. These answers are merely suggestions and Type of Motion: Rule 12 (b) (1) motion to dismiss for lack of subject-matter jurisdiction. It is rooted in the constitutionally limited subject matter jurisdiction of those courts. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. Additionally, the state pushed back on the claim that the overall lawsuit is on behalf of migrants as a group and therefore lacks standing for legal injury to be claimed. no. Instead, Miami Legal argued that all of its assets and liabilities had been transferred to a Delaware entity called Rossdale, CLE, Inc. (Rossdale Delaware). Response to Interrogatories, New York Supreme CourtAt A Glance, Death by Firing Squad Now an Option in South Carolina, Alex Murdaugh Found Guilty On All Charges, International Shoe The Case That Keeps on Giving, Motions An Overview for Civil Litigation. Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). Separately, state officials and the defendants have filed a motion to move the case from a Massachusetts federal court to Florida, with Perla Huerta of Tampa arguing the current court proceedings lack jurisdiction. 117 0 obj <> endobj 142 0 obj <>/Filter /FlateDecode/ID [(\034[`\)\n*\212O\262\357 \t\375\005\327M) (8\233\000Q\026\311\020M\253\016y\234F\366\366:)]/Index [117 26]/Info 116 0 R/Length 88/Prev 418990/Root 118 0 R/Size 143/Type /XRef/W [1 3 1]>> stream Doe v. Chao, 540 U.S. 614, 625 (2004). Signed by Judge Beth Bloom on 2/27/2023. (Tingley v. Times Mirror (1907) 151 Cal. yi%3wI Umm=~^,`IYUB? What a Win! Defendant Ulizio, Mike Defendant Osceloa, Steven February 21, 2014. Currently, he publishes and writes content for legal websites and does freelance paralegal work through referrals only. Accordingly, Defendants' motion should be denied. (305) 577-4177 FAX (305) 373-6036 18. Be sure it is properly formatted before you print it out. The reason for this request is: Proc., 367.) 2ND STREET, MIAMI, FLORIDA 33131-2130 TEL. The contention that a trial court lacks "jurisdiction" can be made if any one of the three elements is missing, but in practice "jurisdictional" attacks rarely implicate subject matter jurisdiction or personal jurisdiction. Docket Number(s): 4:11-cv-00116. Three defense wins. vJwuUk;fO. 14. <>stream The record does show that the first Miami Legal was dissolved in September 2014. (See Common Cause, supra, 49 Cal.3d at pp. Justice and Commerce Departments Announce Creation of Disruptive Technology Strike Justice Department Announces Application Form for Marijuana Pardon Certificates, HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW AVAILABLE to Everyone. Motions to dismiss are substantively and procedurally distinct from voluntary and involuntary dismissals under Fla. R. Civ. Standards of Review A. For more detailed information, please see the SmartRulesMotion to DismissGuides for the court where your action is pending. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. Be sure to fill in all the blanks correctly: Sample General Motion Form The Rossdale Group, LLC (Rossdale) asserts that Defendant Timothy Walton waived any right to complain concerning lack of standing. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Inc. ("C2C"), by and through its undersigned counsel, files this Motion to Dismiss Plaintiff's Complaint, based on arbitrator's immunity and lack of Article III standing. If the Motion to Dismiss itself lacks merit, it shows a lack of professionalism. Proc., 430.10, subd. ELIA, J. by: Tom from Spring Hill, Florida 765.) . xc```,@(O1LqN|4&y_TNRa 0Yi f 09r:/Aa-X8M)fd` O To be absolutely sure, why not ask a lawyer for her legal advice. stream : 3D16-2755 Page 6 of 8 _____ RENNERT VOGEL MANDLER & RODRIGUEZ, P.A.,ATTORNEYS AT LAW, 29TH FLOOR, MIAMI TOWER 100 S.E. 331 0 obj As we mentioned, the text of that statute provides that [e]very action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. (Code Civ. (See Burnand v. Irigoyen (1943) 56 Cal.App.2d 624, 628-629 [The terms abate and abatement are not defined by statute and neither has any specific application to any statutory procedure].). (Id. Walton's lawsuit against Rossdale was dismissed after the trial court granted a motion for judgment on the pleadings with prejudice, and judgment was entered on May 2, 2012. Filing 35. . by Kimberly from Tampa, Florida, Hillsborough County. The real issue is listing your reasons why your parenting plan is legally sufficient in order to persuade the court. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Hope you can help.--You can use the Costs on appeal are awarded to the appellant, Miami Legal. Martinelli-Berrocal v. Garland et al. Notice: We provide these answers P. 1.140. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. _______________________________________________________________ While the purpose of the new version of the bill is effectively the same, it changes the appropriations for state funds and moves the program under the jurisdiction of the Florida Department of Emergency Management. . ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF STANDING (DKT. can be based upon Separately, Huerta filed to dismiss the plaintiffs lawsuit on the grounds that the venue for the court battle is out of the proper jurisdiction, in addition to more direct personal claims. x+ | H\j >w%PrNReby6l*s)do@q;@. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. endobj [Citation.] . Licenses for Exports to Are You Ready for the UPC? Great job to the Defense in this case. The other party has filed a motion to dismiss on the grounds that my petition for modification of parenting plan is "legally insufficient.". The Rossdale Group, LLC ('Rossdale') asserts that Defendant Timothy Walton waived any right to complain concerning lack of standing. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, Walton's brief as respondent was stricken for his failure to pay the filing fee required by Government Code section 68926, subdivision (b). At common law a number of special pleas in abatement, also called dilatory pleas, were made preliminarily as separate pleadings prior to both the demurrer and pleas in bar. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. Kim F. Stevens, attorney of record, Bar# 0543136, c/o Law offices of David J. Stern, 900 South Pine Island Road Suite 400, Plantation, FL 33324-3920 (954) 233-8000. The process of transferring the assets and liabilities of Miami Legal to Rossdale Delaware had started in 2013 and by September 2014, the entire business of Miami Legal had been transferred to Rossdale Delaware, which Miami Legal referred to as its successor in interest to the causes of action asserted in their [sic] lawsuit. The opposition also referred to an amend[ment] of Rossdale's fictitious business name statement with Florida, which was filed to to reflect that The Rossdale Group, LLC is now owned by the new successor in interest, [Rossdale Delaware]. (Although there are references to this amendment in the supporting declaration to Miami Legal's opposition, no copy of it is in the record.). This ground for dismissal is waived if a party files a motion to dismiss and does not raise it, or does not raise it in the responsive pleading. <>stream 17, which the plaintiffs oppose, dkt. lack of standing to pursue claims of specific creditors; (iv) to the extent the relief sought requires extraterritorial application of . their online legal research. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. The denial of a motion to dismiss for lack of standing is NOT an appealable order. --Generally speaking, a proper title would convey what you are asking the court to do, and the body gives the reasons why. Just ask us for a quote. Specifically, Senate Bill 6B from the special session repealed the program and created a new one. Violation of the statutory requirements regarding the $25,000 amount is procedural, not jurisdictional. 5.) We are not being asked to discern here whether members of the taxpaying public might have standing nor to discern the dividing line between a generalized grievance and particularized injury. _______________________________________________________________ Because litigation happens in the real world and not a perfect one, the Rules of Civil Procedure allow a little flexibility. V)4jCOV 14La|5Q2ME[c|-;[ds<3 Q|5mo6w/2M;b&^=ln[rzaXdxjwxO1E|a Midland sued the consumer for only $1,257.98 in the Supreme Court, Wayne County New York (which has court and service fees of roughly $400 - 31% of the . (Id. Under Rule 3.190 (c) (4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt. Can Nonprecedential Decisions Be Relied Upon? BREAKING DOWN THE PRIVACY ACT REVIEW REPORT #3: Removal of The Small White House Releases National Cybersecurity Strategy, Illinois High Court Rules Per-Scan Damages Can Be Awarded Under BIPA, Grassley-Wyden Bill Aims to Fix Broken Tax Whistleblower Law, Lessons Learned From 2022s Trade Secret Verdicts, Mass. trial court's denial of their motion to dismiss for lack of standing. "Y<4Oe^k%X}d,v;uhIvmL~$#cw^7R#pH)`y6HHa& M.(y}Y tU9zZy$x0|^wn>iO ,tN2"c>1@hbZrQgI( DPA>^&8 I. The Future of Stablecoins, Crypto Staking and Custody of Digital White House Climate and Environmental Justice Screening Tool. R. Civ. 0D6fEO:M 'u!X5e]]?"NM+cI&p2@I= tPl*}D^$y],[P~=E@d("6`xy}1lt$x Dismiss form or any other general motion to your specifications and have it completed for you ready to sign and file by mail, in person, or the new e-file system. First, lack of subject matter jurisdiction under 12(b)(1) is non-waivable and can be raised by the court sua sponte, whereas failure to state a . Practice and Procedure (3d ed. You MUST SCHEDULE AND ATTEND a special hearing called a "traverse hearing." Read court documents, court records online and search Trellis.law . <>stream Of course, this case does not involve an individual seeking to sue under a fictitious name to protect his or her identity nor does this case invoke the same kind of privacy concerns at issue in Lincoln Unified. % Jenniffer brings a diverse litigation experience having worked as a Courtroom Deputy for Judge John R. Padova and as an Intern for Judge Nitza Quiones-Alejandro of the United States District Court for the Eastern District of Pennsylvania. xXr8+7JA@q*.a]$$)a Zi[R)[`833N 1 0M~5ww!!K[Qf|:]g YG!39#Gfpl Cq1J>rf78(]PyX"cHq4SFv`'uc67,I%BZes&+WAJ*J.U&eFJ}+.EZQU=~mj^C'#r-YZ"#R4:-:i~yTa CC;) '^2L_ DIZ4 ]1na}b/Hl8\&TYZl$jRy~"2 / FLORIDA SECRETARY OF STATE'S MOTION TO DISMISS AND SUPPORTING MEMORANDUM OF LAW This case involves a request for the Florida Secretary of State ("the . However, lack of capacity to sue is a jurisdictional defect which may be raised at any time. Thus, the question is not whether plaintiff has standing to sue but whether she may do so using a fictitious name. (Ibid.) Please try again. The header with the circuit number, and the county name; the name of the motion (such as Motion to Dismiss for Lack of Standing); after Use of a fictitious business name does not create a separate legal entity. (Pinkerton's, Inc. v. Superior Court (1996) 49 Cal.App.4th 1342, 1348; see also Osmo Tec SACV Co. v. Crane Envtl., Inc. (Fla.Ct.App. 17-cv-22568-MGC PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, et al., Defendants. The objection may be raised by demurrer when the ground for objection appears on the face of the complaint or from any matter that is subject to judicial notice; otherwise, the objection may be raised by answer. Additionally, the officials named as defendants argue that the plaintiffs lack standing on all claims, saying that they have not shown injury traceable to the conduct of the defendants, nor that it can be redressed by the requested outcome in court. Because we agree on this point, which is dispositive of this appeal, we do not find it necessary to address the remaining arguments made.5, I. Today, we'll be covering one of the most important topics in the subject: Federal Rules of Civil Procedure Rule 12 (b) (6). 439-440.) _____/ DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION Defendant, XXXX X XXX, moves the Court to dismiss for lack of subject matter jurisdiction under authority of Florida Rules of Civil Procedure, rule 1.140(b)(1) and shows: 1. The doctrine is based in Article III of the U.S. Constitution, which limits federal courts to hearing only "cases and controversies." The teacher brought suit under a fictitious name to protect her privacy and the school district objected, arguing that plaintiff's remedy was to file her documents under seal pursuant to California Rules of Court, rule 2.551. 3. Plaintiff, Stephen Muccio sued Global Motivation Inc., and its owner and CEO, for receiving FIVE text messages: two in November 2020 and three in July 2021. ] (Jasmine Networks, supra, 180 Cal.App.4th at p. [] Rossdale was never a corporate entity, it was at all times a fictitious business name, and at no time was it a valid entity, either when sued by Walton or when suing Walton. (Id. Huerta and Keefe were added to the class action lawsuit as defendants, along with Montgomerie, in November 2022. Address: __________________________________ endobj ), Section 367 is not the equivalent of, and provides no occasion to import, federal-style standing requirements.' Also include all of the details and facts about who you (See Florida Division of Corporations, < http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=En tityName&directionType=Initial&searchNameOrder=MIAMILEGALRESOURCES L150001509300&aggregateId=flal-l15000150930-fc58a47e-9a4f-4a34-ba92-46fbed3e9c8c&searchTerm=MiamiLegal&listNameOrder=MIAMILEGALASSIST P160000012750>, as of Jun. Other wise, the defendant must obtain leave on motion and not ice to all parties to the action. Good News for American Businesses: H1-B Denial Rates Plummet Under USCIS Extends Comment Period for Proposed Fee Increases, OFCCP Rescinds Trump-Era Religious Exemption Rule, Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date. Suspension of corporate powers results in a lack of capacity to sue, not a lack of standing to sue. (Id. Recent CFPB Actions Focus on Protecting Military Families, New and Updated Guidance on the Scope of the UK Plastic Packaging Tax. {3} In lieu of an answer, appellees filed a motion to dismiss appellant's complaint pursuant to Civ.R. 1. Signature, pro se 4 0 obj P. 1.420. It's not a final order, and it's not listed as an appealable non-final order in Rule 9.130(a). . The Class Action Complaint alleged five counts:Count I Violation of FTSA against Global Motivation); Count II Violation of FTSA against Belfort; Count III Violations of the TCPA, 47 U.S.C. A motion to dismiss disputes, inter alia, a lack of jurisdiction over the party. 2 0 obj 765.). Walton's motion to dismiss acknowledged the relationship between the Rossdale name and Miami Legal, and Walton never argued that the suit should be dismissed because of what appears to be a misnomer. Jenniffer Cabrera (two ns and two fs) is the Countess of the TCPAWorld and an Associate Attorney at the Miami office of Troutman Firm. Locking Tik Tok? Plaintiffs argue that they do have standing to bring this suit. But there is a different flavor of standing. A party served with a pleading stating a crossclaim . Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. See attached document for full details. This is the basic format for a motion. 227(c), and 47 C.F.R. (Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980, 991 (Jasmine Networks).) I. Thus, the petition in this special proceeding must be dismissed for lack of subject matter jurisdiction and lack of standing. P. 12(f) . VS. ), Where, as here, a suspension or other event causing a lack of capacity is claimed to have occurred after the time to demur or answer ha[s] passed, [the parties claiming a lack of capacity] should move[] the court for leave to file an amended answer asserting the plea. (Color-Vue, supra, 44 Cal.App.4th at p. 1604, fn. 83, 86.) See attached document for full details. The Court denied Rivera's motion after holding a hearing on the same. (Photo: Florida Governors Office Record). Conflicts in Florida Law. (See Mediterranean Exports, Inc. v. Superior Court (1981) 119 Cal.App.3d 605, 615.) 103104 [presumption that federal court lacks subject matter jurisdiction].) See, Estate of James v. Martin Memorial Hospital, 422 So.2d 1043 (Fla. 4th DCA 1982) (holding that complaint need not anticipate affirmative defenses, but if grounds for such exist on face of the complaint, motion to dismiss may be made based on same). I have even seen one titled "Good Cause as to Why Matter Should Not be Dismissed.". ), That, however, is not what Walton did. A real party in interest ordinarily is defined as the person possessing the right sued upon by reason of the substantive law. [Citation.] Rules of Court, rule 8.220(a)(2).). at p. Relying onSpokeo, the Court reiterated that a plaintiff does not automatically satisfy the Article III standing requirement whenever a statute grants [the plaintiff] a statutory right and purports to authorize [the plaintiff] to sue to vindicate that right. In other words, Article III standing requires a concrete injury even in the context of a statutory violation, and bare procedural violations, divorced from any concrete harm do not suffice..

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