Can a claim the court lacks fundamental jurisdiction over the parties or the subject matter be made on appeal?

California, United States of America


The following excerpt is from Weiss v. Eastman, G046392 (Cal. App. 2013):

Husband correctly points out that a claim the court lacks fundamental jurisdiction over the parties or the subject matter can be made at any time, including for the first time on appeal. "[A]n act beyond a court's jurisdiction in the fundamental sense is null and void. Therefore, a claim based on a lack of a fundamental jurisdictional may be raised for the first time on appeal." (People v. Williams (1999) 77 Cal.App.4th 436, 447.)

The argument husband makes, however, is not a challenge to the court's fundamental jurisdiction. A court has fundamental jurisdiction when it has "jurisdiction over the subject matter and the parties in the fundamental sense . . . ." (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 288.) Here, there is no question that both parties here appeared in the marital dissolution case, thus personal jurisdiction was established. It is also undisputed that the superior court has subject matter jurisdiction to

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