7/17/2019 A Can Sue B if It Can Be Shown That a Has Been Authorized by C to Sue B

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A can sue B if it can be shown that A has been authorized by C to sue B. C would bethe real party in interest. C would have the valid claim.

Ratication of commence is the reasonable time given to A to prove that C hadauthorized A to sue B.

So, any suit started for instance by the S against !ohn Smith, the demand forratication of commencement would be a re"uest for the S to prove that it wassuing in the name of the real party in interest. #f the S were to $oin the real partyin interest as co%plainti& the action could not be dismissed. So, the ratication ofcommencement would be the time for either the S suing on behalf of the realparty in interest to prove that the S is authorized by the real party in interest tosue on its behalf or to $oin the real party in interest as co%plainti&.

A real party in interest has to be a man or woman or people. A real party in interestwould not be a ction such as '()'*( )+ -( SA( )+ A-. #t would have to bepeople of where ever/. hen, of course, the man or people would be summons toappear and show cause 0 in other words produce the claim upon which relief is

being sought.Rule 12, real party in interest, can be used to pierce the corporate veil and producethe real party in interest or dismiss.

#t all goes bac3 to producing the claim 0 Rule 14 b 5. #n a case where there is a suitby a ction against a ction 0 the surety in fact is demanding the ratication ofcommencement to summons the real party in interest under Rule 12 0 piercing thecorporate veil. #f no real party in interest can be produced the case has no sub$ectmatter. #f the plainti& does produce the real party in interest, then the real party ininterest has to produce the claim. 6ithout an A7davit of )bligation, there is noclaim0dismiss it.