Does section 396 of the California Civil Code grant authority to hold an evidentiary hearing in the Superior Court?

California, United States of America


The following excerpt is from Hardy v. Superior Court (Pacific Ocean Popeye, Inc.), 226 Cal.App.3d 1418, 277 Cal.Rptr. 633 (Cal. App. 1991):

We conclude that section 396 confers no such authority and that the decision in Campbell v. Superior Court (1989) 213 Cal.App.3d 147, 261 Cal.Rptr. 509, holding otherwise, is incorrectly decided. In our view section 396 makes the operative complaint or petition determinative of superior court subject-matter jurisdiction. Section 396 does not provide for evidentiary jurisdictional hearings and the fifth paragraph thereof exempts the superior court from the general rule that jurisdiction may be divested by a failure of proof "at the trial or hearing."

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