What is the test for establishing personal or subject matter jurisdiction in an action?

California, United States of America


The following excerpt is from Gilbert v. Barrios-Gilbert (In re Marriage of Gilbert), E071428 (Cal. App. 2019):

Evidence Code section 730 provides, in relevant part, "When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required." It has been held that the phrase "at any time before or during the trial of an action" (Evid. Code, 730), does not include posttrial hearings. (People v. Stuckey (2009) 175

Page 10

Cal.App.4th 898, 913.) A judgment is void on its face if the court lacked personal or subject matter jurisdiction. (Svetina v. Burelli (1948) 87 Cal.App.2d 707, 709.)

Other Questions


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 submitting a petition of personal jurisdiction to a court confer jurisdiction over the subject matter? (California, United States of America)
Does the California Superior Court have subject matter jurisdiction over an action against the California Computer Regulator? (California, United States of America)
When does a state court retain jurisdiction to resolve the preemption question and determine their own subject matter jurisdiction? (California, United States of America)
Does the court have jurisdiction to reverse a judgment for lack of subject matter jurisdiction? (California, United States of America)
Is a dismissal of a complaint for lack of subject matter jurisdiction barred a second 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 a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for establishing jurisdiction of a plaintiff in a personal injury action? (California, United States of America)
What is the test for establishing jurisdiction in a personal injury action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.