What is the test for determining whether a court has jurisdiction to directly adjudicate the property rights of someone not a party to the action?

California, United States of America


The following excerpt is from Pham v. Pham (In re Marriage of Pham), G056996 (Cal. App. 2020):

However, the court lacked jurisdiction to directly adjudicate the property rights of anyone not a party to the action. "A court lacks jurisdiction in a fundamental sense when it has no authority at all over the subject matter or the parties." (People v. Ford (2015) 61 Cal.4th 282, 286.) If a court lacks such "'fundamental'" jurisdiction, its ruling is void. (People v. Lara (2010) 48 Cal.4th 216, 225.) A claim based on a lack of fundamental jurisdiction may be raised for the first time on appeal. (Ibid.)

Other Questions


When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Does the Court of Appeal have jurisdiction to determine whether a plaintiff has a fundamental right to sue the city council? (California, United States of America)
What is the test for determining whether a court has jurisdiction to hear a personal injury action? (California, United States of America)
Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court? (California, United States of America)
What is the test for determining whether a party to a long-term relationship with another party has a right to receive support payments after the relationship has ended? (California, United States of America)
How has the court considered the impact of a related action in determining whether to bring an action to trial? (California, United States of America)
What is the test for determining whether a reviewing court has jurisdiction to hear a direct appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.