California, United States of America
The following excerpt is from Teplitsky v. RX Ingredients, Inc., B291092 (Cal. App. 2020):
Even when a court has fundamental jurisdiction, however, the Constitution, a statute, or relevant case law may constrain the court to act only in a particular manner, or subject to certain limitations. (People v. Ford, supra, 61 Cal.4th at pp. 286-287.) When a trial court has fundamental jurisdiction but fails to act in the manner prescribed, it is said to have acted " 'in excess of its jurisdiction.' " (Id. at p. 287.) Because an ordinary act in excess of jurisdiction does not negate a court's fundamental jurisdiction to hear the matter altogether, such a ruling is treated as valid until set aside. (Ibid.) A party may be precluded from seeking to set aside such a ruling because of waiver, estoppel, or the passage
Page 16
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.