jurisdictional time bar (California) · Go Syfert
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jurisdictional time bar in California

5 California opinions name it 2 courts 2023–2026 5 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Law Finance Group, LLC v. Keygreen
cal · 2023 · cited in 3 California opinions naming this issue, 2023–2026
2 sentences

2026(Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 339 (Kabran).) “‘A lack of fundamental jurisdiction is “‘“an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.”’”’ [Citations.] Because a lack of fundamental jurisdiction implicates ‘the basic power of a court to act,’ courts must enforce jurisdictional limitations even if considerations of waiver, estoppel, consent, or forfeiture might otherwise excuse a party’s failure to comply with them.” (Law Finance Group, LLC v. Key (2023) 14 Cal.5th 932 , 949-950, italics added

2024Turning first to the question of jurisdiction, we do not agree with Rodriguez that section 1370(c)(1)’s two-year limit implicates the trial court’s fundamental jurisdiction. “ ‘A lack of fundamental jurisdiction is “ ‘ “an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.” ’ ” ’ [Citation.] Because a lack of fundamental jurisdiction implicates ‘the basic power of a court to act,’ courts must enforce jurisdictional limitations even if considerations of 19 waiver, estoppel, consent, or forfeiture might otherwise excuse a party’

23
Kabran v. Sharp Memorial Hosp.green
cal · 2017 · cited in 3 California opinions naming this issue, 2023–2026
2 sentences

2026Rather, an act beyond a court’s jurisdiction in the fundamental sense is null and void” ab initio.’ ” (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 339 (Kabran).) “In other words, when a party fails to comply with a jurisdictional time bar, the court has no choice but to dismiss the case for lack of jurisdiction, even if equitable concerns would support reaching the merits.” (Law Finance, at p. 950.) “ ‘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 c

2026Rather, an act beyond a court’s jurisdiction in the fundamental sense is null and void” ab initio.’ ” (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 339 (Kabran).) “In other words, when a party fails to comply with a jurisdictional time bar, the court has no choice but to dismiss the case for lack of jurisdiction, even if equitable concerns would support reaching the merits.” (Law Finance, at p. 950.) “ ‘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 c

23
Rodriguez v. Super. Ct.green
cal · 2023 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(Rodriguez, supra, 15 Cal.5th at p. 496 [“Following the defendant’s return, the court holds a hearing to determine whether to approve or reject the certificate.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Quigley v. Garden Valley Fire Protection Dist. green
cal · 2019
1 sentence

2023Because of those harsh consequences, we apply a “presumption that statutes do not limit the courts’ fundamental jurisdiction absent a clear indication of legislative intent to do so.” (Quigley, supra, 7 Cal.5th at p. 808 , citing, e.g., Kabran, supra, 2 Cal.5th at pp. 342-343; see Wilkins, supra, 598 U.S. at p. ___ [143 S.Ct. at p. 876].) This approach reflects “ ‘a preference for the resolution of litigation and the underlying conflicts on their merits by the judiciary.’ ” (Quigley, at p. 808, quoting Kabran, at pp. 342-343.) To be sure, mandatory procedural rules — like many statutes of limi

12023–2023

Where else courts name it

PA 118 (1996–2026) CA 5 (2023–2026) DE 2 (1993–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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