Sethi v. Yagildere
A plaintiff has the burden of establishing that he is the proper party to invoke the court's jurisdiction, pursuant to Seymour v. Region One Board of Education, a decision of the Connecticut Supreme Court. In April 2004, the defendant allegedly agreed to sell his business, the Bereket Deli, and the plaintiff's father allegedly paid $70,000 and began to manage the business. In September 2004, the defendant allegedly evicted the plaintiff's father as the business manager and sold 50 percent of the business to a third party. The plaintiff sued the defendant, alleging that the defendant committed an unfair trade practice, in violation of the Connecticut Unfair Trade Practices Act, and was unjustly enriched, because he refused to return $70,000 to the plaintiff. The defendant moved for summary judgment and argued that the plaintiff lacked standing to sue. The trial court granted the defendant's motion for summary judgment, and the plaintiff appealed. Standing is the legal right to set judicial machinery in motion. "One cannot rightfully invoke the jurisdiction of the court unless [one] has, in an individual or representative capacity, some real interest in the cause of action," pursuant to Gold v. Rowland, a 2010 decision of the Connecticut Supreme Court. Because the present complaint alleged that the plaintiff's father paid the $70,000, as opposed to the plaintiff, and the plaintiff wrote in an affidavit that he did not enter into a contract with the defendant, the plaintiff did not possess legal standing to allege that the defendant wrongfully retained the $70,000. The trial court wrongly granted the defendant's motion for summary judgment. The court should have dismissed the plaintiff's suit for lack of jurisdiction. The Appellate Court reversed and remanded with directions to dismiss for lack of jurisdiction.