In a DOWNFFALL motion to dismiss, which ground refers to the plaintiff's lack of capacity?

• A. Documentary evidence as a basis for defense
• B. Want of capacity by plaintiff
• C. Non-joinder of a necessary party
• D. Lack of subject matter jx

Answer: (B)

The main idea is whether the plaintiff has the legal power to sue. A motion to dismiss on the ground of lack of capacity to sue says the plaintiff isn’t legally authorized to bring the action because of their status or role in the case. For example, a minor or someone under a guardianship, or a person or entity that must sue through a specific authorized representative, cannot initiate or continue the suit in their own name. When this defect is present, the case should be dismissed for want of capacity, since if you don’t have the legal ability to sue, the court can’t proceed on the merits.

The other grounds don’t fit this concept. Documented evidence as a basis for defense relates to proving a defense with documents, not the plaintiff’s authority to sue. Non-joinder concerns missing a necessary party, not the plaintiff’s own capacity. Lack of subject matter jurisdiction concerns the court’s power over the case, not the plaintiff’s authority to sue.