California, United States of America
The following excerpt is from Parvizian v. Cal. Employment Dev. Dep't, B215814, LC077867, No. LC077866 c/w (Cal. App. 2010):
"For the purpose of determining the right to... dismissal of an action, a much broader meaning [for the phrase 'lack of jurisdiction'] is recognized. Here it may be applied to a case where, though the court has jurisdiction over the subject matter and the parties in the fundamental sense, it has no 'jurisdiction' (or power) to act except in a particular manner, or to give certain kinds of relief, or to act without the occurrence of certain procedural prerequisites." (Abelleira v. District Court of Appeal, supra, 17 Cal.2d at p. 288.) Accordingly, the trial court lacked jurisdiction over plaintiff's civil case, a defect which could not be cured by amendment to the first amended complaint. Therefore, the trial court properly ordered dismissal of the action. (Ibid.)
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