When a trial court has fundamental jurisdiction but fails to act in the manner prescribed, what is the effect of such a ruling?

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

Other Questions


Does a trial court lose jurisdiction by failing to conduct a trial on a recommitment petition during that period of time? (California, United States of America)
What is the effect of the rule depriving the trial court of jurisdiction pending appeal? (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 "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Can a judge be found to have abused his discretion by failing to rule on the basis of a reporter's transcript or other record of the reasons for the trial court's ruling? (California, United States of America)
Does a trial court lose jurisdiction by failing to conduct a trial on a recommitment petition during that period of time? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does the majority opinion in the Supreme Court of Canada say that a trial court lacks subject matter jurisdiction pending an appeal? (California, United States of America)
How has the court disposed of a motion alleging that the trial court failed to conduct an inquiry into the grounds for appellant's dissatisfaction with appointed counsel? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.