California Standing Doctrine: The Enigma Explained

81 Pages Posted: 7 Apr 2011

See all articles by Joshua Paul Thompson

Joshua Paul Thompson

Pacific Legal Foundation - Program for Judicial Awareness

Damien M. Schiff

Pacific Legal Foundation

Date Written: April 5, 2011

Abstract

Is there a doctrine of standing in California state courts? Our research and analysis in this paper will reveal that, strictly speaking, there is no doctrine of standing. Nevertheless, California has developed, through statutes and case law, many analogous doctrines that do much of the same work that standing doctrine does in the federal courts. Our aim in this article is to provide a roadmap to the court and practitioners in this state on dealing with what we shall call California’s quasi-standing, and its related doctrines.

Keywords: standing, lujan, taxpayer standing, citizen standing, California, political question, california constitution, mootness, ripeness, real party in interest, declaratory relief, mandamus, writ of mandate, citizen suits, coastal act, administrative procedure act, unfair competition

Suggested Citation

Thompson, Joshua Paul and Schiff, Damien M., California Standing Doctrine: The Enigma Explained (April 5, 2011). Available at SSRN: https://ssrn.com/abstract=1803552 or http://dx.doi.org/10.2139/ssrn.1803552

Joshua Paul Thompson

Pacific Legal Foundation - Program for Judicial Awareness ( email )

Sacramento, CA 95834
United States

Damien M. Schiff (Contact Author)

Pacific Legal Foundation ( email )

930 G Street
Sacramento, CA 95814
United States

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