What is the test for determining whether a court has jurisdiction to hear or determine a claim in a personal injury case?

California, United States of America


The following excerpt is from Workmen's Comp. Appeals Bd. v. Small Claims Court, 111 Cal.Rptr. 6, 35 Cal.App.3d 643 (Cal. App. 1973):

We need not discuss the merits of the claims of respondents Righetti or Sidlow, for it is clear that both parties are pressing their claims in the wrong forum. 'A court has no jurisdiction to hear or determine a case where the Type of proceeding or the amount in controversy is beyond the jurisdiction defined for that particular court by statute or constitutional provision' (Abelleira v. District Court of Appeal (1941), 17 Cal.2d 280, 288, 109 P.2d 942, 947; emphasis added). 3

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