What are the consequences of errors in the jurisdiction of a judge?

California, United States of America


The following excerpt is from Nijjar v. Fisher (In re Conservatorship of Pers.), F078260 (Cal. App. 2019):

"[J]urisdictional errors can be of two types. A court can lack fundamental authority over the subject matter, question presented, or party, making its judgment void, or it can merely act in excess of its jurisdiction or defined power, rendering the judgment voidable." (In re Marriage of Goddard (2004) 33 Cal.4th 49, 56 (Goddard).) A lack of fundamental jurisdiction is " ' " 'an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.' " ' " (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 339 (Kabran).) " 'Even when a court has fundamental jurisdiction, ... the Constitution, a statute, or relevant case law may constrain the court to act only in a particular manner, or subject to certain limitations.' [Citation.] We have described courts that violate procedural requirements, order relief that is unauthorized by statute or common law, or otherwise ' "fail[] to conduct [themselves] in the manner prescribed" ' by law as acting ' "in excess of jurisdiction." ' [Citation.] Because a court that acts in excess of jurisdiction still has 'jurisdiction over the subject matter and the parties in the fundamental sense' [citation], any such act is 'valid until set aside, and parties may be precluded from setting it aside by such things as waiver, estoppel, or the passage of time' [citation]. In contrast to errors concerning a court's fundamental jurisdiction, '[e]rrors which are merely in excess of jurisdiction should be challenged directly ... and are generally not subject to collateral attack once the judgment is final ....' " (Id. at pp. 339-340.)

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