California, United States of America
The following excerpt is from Ramirez v. La Rue, B283677, c/w B286574 (Cal. App. 2019):
Moreover, we reject appellants' argument that failure to pay a filing fee for a supplemental accounting is a jurisdictional defect that renders the trial court powerless to hear and determine a case. "[A] party's failure to comply with a mandatory requirement 'does not necessarily mean a court loses fundamental jurisdiction resulting in "'an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties."' [Citations.] It is a 'misuse of the term "jurisdictional" . . . to treat it as synonymous with "mandatory"' as a general matter. [Citation.] 'There are many time provisions, e.g., in procedural rules, that are not directory but mandatory; these are binding, and parties must comply with them to avoid a default or other penalty. But failure to comply does not render the proceeding void' in a fundamental sense." (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 341, italics omitted.)
C. Continuance on Court's Own Motion on April 14, 2016
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.