The defendant is claiming rights to a contract that they are not named in by way of an assignment that is void on it's face; so the defendant has no standing or foundation to ask a question at trial so how can they.
Actually, this is not a standing issue. If the defendant is named in the lawsuit and the defendant filed an answer to the plaintiff's complaint, the defendant has the right to appear at trial and to present evidence at trial, including evidence regarding the written assignment which the plaintiff contends is void. The defendant also has the right to cross-examine the plaintiff following the plaintiff's testimony in the plaintiff's case-in-chief.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
If defendant brings a motion for summary judgment establishing an entitlement to judgment as a matter of law on a dispositive legal question, and the court grants the defendant's motion, then there will not be a trial, and ergo the defendant will have no opportunity to ask the plaintiff questions.
A defendant *always* has standing to defend against a lawsuit. Mr. Chen has provided, as always, a more thorough answer.
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline