Is a motion denied on the sole ground of lack of jurisdiction valid?
California, United States of America
The following excerpt is from Loew's Inc. v. Superior Court of Cal. in and for County of Los Angeles, 300 P.2d 63 (Cal. App. 1956):
In Robinson v. Superior Court, 1950, 35 Cal.2d 379, 218 P.2d 10, 13, it appeared that a motion 'was denied on the sole ground of lack of jurisdiction', and it was held that 'if the effect is to preclude a hearing and judgment on the merits of a matter properly before the court, and there is no other adequate remedy, mandate will lie to test the question of jurisdiction. * * * A denial of relief on the sole ground of lack of jurisdiction is not a decision on the merits. * * *'
"The most advanced legal research software ever built."
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.
