Powers

In this appeal from a judgment of dismissal after a demurrer was sustained to appellant’s complaint without leave to amend, we consider: (1) the standing of “an administrator” of various trusts created pursuant to a collective bargaining agreement to sue as a real party in interest to enforce an obligation due the trusts; and (2) the propriety of trial court action in denying leave to amend after it had determined that the “administrator” lacked standing to sue. We conclude from the record that appellant is not a real party in interest so that a demurrer to appellant’s complaint on that ground was properly sustained. We conclude, also, that the trial court erred in not permitting an amendment of the complaint to substitute the trustees of the trusts as plaintiffs.

The complaint which commenced the case at bench is filed in the name of four trusts created by collective bargaining agreements between Retail Clerks Union Local 770 and “Food Employers,” one of whom is respondent. It is brought “by and through Juanita Powers as Administrator of the . . . Funds [trusts], who is the duly authorized representative of the . . . Funds. . . .” The pleading asserts seven causes of…