mandatory procedural rule (California) · Go Syfert
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mandatory procedural rule in California

7 California opinions name it 1 courts 1993–2025 4 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 (4)

CaseFollowedCited
People Ex Rel. Garamendi v. American Autoplan, Inc.green
calctapp · 1993 · cited in 5 California opinions naming this issue, 1995–2025
2 sentences

2008Garamendi v. American Autopian, Inc. (1993) 20 Cal.App.4th 760, 769-770 [ 25 Cal.Rptr.2d 192 ].) “Jurisdiction” in this context refers to a mandatory procedural rule, not to authority over the subject matter or parties in a fundamental sense.

2008Garamendi v. American Autopian, Inc. (1993) 20 Cal.App.4th 760, 769-770 [ 25 Cal.Rptr.2d 192 ].) “Jurisdiction” in this context refers to a mandatory procedural rule, not to authority over the subject matter or parties in a fundamental sense.

25
In Re Marriage of Harrisgreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 1993–1993
2 sentences

1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.

1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.

11
Neil D. Reid, Inc. v. Department of Health Care Servicesgreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 1993–1993
2 sentences

1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.

1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.

11
Chernow v. Chernowgreen
calctapp · 1954 · cited in 1 California opinions naming this issue, 1993–1993
2 sentences

1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.

1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.

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 (4)

CaseCitedYears
Levine v. Smith green
calctapp · 2006
2 sentences

2025Code, § 200.) When multiple actions on the same controversy are pending between the same parties in more than one California superior court, under the rule of exclusive concurrent jurisdiction, the first superior court to assume jurisdiction “ ‘ “ ‘has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.’ ” ’ ” (Consumer Advocacy Group, Inc. v. ExxonMobil Corp. (2008) 168 Cal.App.4th 675, 682 ; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1135 .) Jurisdiction in this context “refers to a ma

2025Code, § 200.) When multiple actions on the same controversy are pending between the same parties in more than one California superior court, under the rule of exclusive concurrent jurisdiction, the first superior court to assume jurisdiction “ ‘ “ ‘has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.’ ” ’ ” (Consumer Advocacy Group, Inc. v. ExxonMobil Corp. (2008) 168 Cal.App.4th 675, 682 ; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1135 .) Jurisdiction in this context “refers to a ma

22025–2025
Plant Insulation Co. v. Fibreboard Corp. green
calctapp · 1990
2 sentences

2025Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 772 .) “The rule is established and enforced not ‘so much to protect the rights of parties as to protect the rights of Courts of co-ordinate jurisdiction to avoid conflict of jurisdiction, confusion and delay in the administration of justice.’ ” (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787 .) 10 An exception to this priority of jurisdiction exists for dependency cases.

2025Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 772 .) “The rule is established and enforced not ‘so much to protect the rights of parties as to protect the rights of Courts of co-ordinate jurisdiction to avoid conflict of jurisdiction, confusion and delay in the administration of justice.’ ” (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787 .) 10 An exception to this priority of jurisdiction exists for dependency cases.

22025–2025
Consumer Advocacy Group, Inc. v. ExxonMobil Corp. green
calctapp · 2008
2 sentences

2025Code, § 200.) When multiple actions on the same controversy are pending between the same parties in more than one California superior court, under the rule of exclusive concurrent jurisdiction, the first superior court to assume jurisdiction “ ‘ “ ‘has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.’ ” ’ ” (Consumer Advocacy Group, Inc. v. ExxonMobil Corp. (2008) 168 Cal.App.4th 675, 682 ; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1135 .) Jurisdiction in this context “refers to a ma

2025Code, § 200.) When multiple actions on the same controversy are pending between the same parties in more than one California superior court, under the rule of exclusive concurrent jurisdiction, the first superior court to assume jurisdiction “ ‘ “ ‘has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.’ ” ’ ” (Consumer Advocacy Group, Inc. v. ExxonMobil Corp. (2008) 168 Cal.App.4th 675, 682 ; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1135 .) Jurisdiction in this context “refers to a ma

22025–2025
Kabran v. Sharp Memorial Hosp. green
cal · 2017
1 sentence

2021Our high court has cautioned, “a party’s failure to comply with a mandatory requirement ‘does not necessarily mean a court loses fundamental jurisdiction resulting in “an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.” ’ ” (Kabran, supra, 2 Cal.5th at p. 341 .) A mandatory procedural rule is binding and a party must comply to avoid a default or other penalty, “ ‘[b]ut failure to comply does not render the proceeding void’ ” in a fundamental sense.

12021–2021

Where else courts name it

VA 17 (1990–2020) CA 7 (1993–2025) MD 3 (1987–2022) LA 3 (1998–2010) NC 2 (2023–2025) AR 2 (1990–2010) IN 2 (1984–1997)

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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