Is a court fundamentally lacking jurisdiction to adjudicate upon a claim against a plaintiff who was not served with process within its territorial borders?

California, United States of America


The following excerpt is from In re Reno, S124660 (Cal. 2012):

22. Abelleira gave these examples of situations in which a court fundamentally lacks jurisdiction: "A state court has no jurisdiction to determine title to land located outside its territorial borders, for the subject matter is entirely beyond its authority or power. [Citation.] A court has no jurisdiction to adjudicate upon the marital status of persons when neither is domiciled within the state. [Citations.] A court has no jurisdiction to render a personal judgment against one not personally served with process within its territorial borders . . . . [Citation.] A court has no jurisdiction to hear or determine a case where the type of proceeding or the amount in controversy is beyond the jurisdiction defined for that particular court by statute or constitutional provision. [Citation.]" (Abelleira v. District Court of Appeal, supra, 17 Cal.2d at p. 288.)

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