What is the test for having jurisdiction to hear a motion?

California, United States of America


The following excerpt is from People v. Domagalski, 214 Cal.App.3d 1380, 263 Cal.Rptr. 249 (Cal. App. 1989):

"In order to proceed, the court must have jurisdiction over the subject matter and the person. (Burns v. Municipal Court (1961) 195 Cal.App.2d 596, 16 Cal.Rptr. 64.) Jurisdiction over the subject matter is obtained by the filing of a valid complaint. (Ibid.) The court having overruled the demurrer, it is clear that the court has jurisdiction over the subject matter. Defendant did not appeal from that portion of the order, and it is now final. (Cal. Rules of Court, rule 182.)

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Can a motion to appeal a postconviction finding that the trial court lacks jurisdiction to hear the motion be appealed? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Does a court have jurisdiction to issue both a motion and a motion for personal injury relief at the same time? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.