Non-Aggrieved Party Lacks Standing to Appeal

  The right to appeal is purely statutory. Code of Civil Procedure section 902 defines who may appeal from a judgment. The statute provides that “any party aggrieved” may appeal from an adverse judgment. The test is twofold. One must be both: 1) a party of record to the action; and 2) aggrieved — to have standing to appeal. Thus, notwithstanding an appealable judgment or order, an appeal may be taken only by a party who has standing to appeal. Standing is a jurisdictional requirement and cannot be waived.

  One is considered aggrieved whose rights or interests are injuriously affected by the order or judgment in an immediate and substantial way, and not as a nominal or remote consequence of the decision. [See, In re K.C.] Conversely, a party who is not aggrieved by an order or judgment has no standing to attack it on appeal. Injurious effect on another party is insufficient to give rise to appellate standing. Appellate courts provide relief for appellants who have been wronged by trial court error – not for appellants that have suffered no wrong but instead seek to advance the interests of others who have not complained. Continue reading

Beneficiaries Have Standing to Sue Trustee of Revocable Trust After Settlor’s Death

  The California Supreme Court reverses the Court of Appeals and holds in Estate of Giraldin in a 4-2 opinion that where the trustee of a revocable trust is other than the settlor, the beneficiaries of a revocable trust have standing to sue the trustee for breach of fiduciary duty committed while the settlor was alive and the trust was still revocable, after the settlor dies.

  In dissent Justice Kennard, with Justice Werdergar concurring, would have upheld the opinion of the Court of Appeals on the theory that the Probate Code only authorizes the decedent’s personal representative to sue on behalf of the beneficiaries in such circumstances; not the beneficiaries individually.