Any one have any case law tips for a motion to dismiss based on plaintiffs lack of capacity. Plaintiffs counsel opposed saying “ I know she’s incapacitated but she hasn’t been judicially declared incompetent.” I have a deadline and can’t find any cases to point to him using the wrong standard

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Back to the basics - plaintiff lacks standing with alternative relief if the case isn’t dismissed seeking an order compelling plaintiff to move for a guardian under article 81 within a certain amount of time.

I would imagine a plaintiffs lack of capacity is irrelevant and moot because even if they were to get a guardian, the guardian could bring the suit on their behalf. Just like an estate can bring a claim on behalf of a deceased.

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