without authority rule (California) · Go Syfert
← California issues

without authority rule in California

6 California opinions name it 1 courts 1997–2026 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 (2)

CaseFollowedCited
Sexton v. Superior Court of Los Angeles Countygreen
calctapp · 1997 · cited in 5 California opinions naming this issue, 2013–2026
2 sentences

2026(See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 [untimely motions to compel “renders the court without authority to rule on [the motions] other than to deny them”].) The failure to timely challenge inadequate deposition testimony in the trial court forfeits the issue.

2023The statutes authorizing the Woods’ motions to compel further discovery responses state that “[u]nless notice of [the motion to compel] is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding 4 party waives any right to compel a further response to the” interrogatories or requests for production of documents. (§§ 2030.300, subd. (c); 2031.310, subd. (c).) The 45-day deadline in these statutes is “ ‘jurisdictional

15
Young v. Daimler AG CA1/4green
calctapp · 2014 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(Young v. Daimler AG (2014) 228 Cal.App.4th 855, 867, fn. 7 .) Accordingly, Kenny has not demonstrated prejudicial misconduct, and the trial court acted within its discretion in denying his new trial motion on that ground.

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 (3)

CaseCitedYears
Vidal Sassoon, Inc. v. Superior Court green
calctapp · 1983
1 sentence

1997(Lincolnshire Condominium Ltd. v. Superior Court (1984) 158 Cal.App.3d 524 . . . ; cf. Vidal Sassoon, Inc. v. Superior Court[, supra, ] 147 Cal.App.3d 681 . . . .)” ( 225 Cal.App.3d at p. 902 , italics added.) We do not believe the 45-day limitation is “jurisdictional” in the fundamental sense, but is only “jurisdictional” in the sense that it renders the court without authority to rule on motions to compel other than to deny them. 4 IV Civil Law and Motion Rule 9.15 Mullikin contends that Sexton’s failure to file written opposition on the ground of timeliness creates an inference that the mot

11997–1997
LINCOLNSHIRE CONDOMINIUM, LTD. v. Superior Court neutral
calctapp · 1984
1 sentence

1997(Lincolnshire Condominium Ltd. v. Superior Court (1984) 158 Cal.App.3d 524 . . . ; cf. Vidal Sassoon, Inc. v. Superior Court[, supra, ] 147 Cal.App.3d 681 . . . .)” ( 225 Cal.App.3d at p. 902 , italics added.) We do not believe the 45-day limitation is “jurisdictional” in the fundamental sense, but is only “jurisdictional” in the sense that it renders the court without authority to rule on motions to compel other than to deny them. 4 IV Civil Law and Motion Rule 9.15 Mullikin contends that Sexton’s failure to file written opposition on the ground of timeliness creates an inference that the mot

11997–1997
Standon Co. v. Superior Court green
calctapp · 1990
1 sentence

1997(Lincolnshire Condominium Ltd. v. Superior Court (1984) 158 Cal.App.3d 524 . . . ; cf. Vidal Sassoon, Inc. v. Superior Court[, supra, ] 147 Cal.App.3d 681 . . . .)” ( 225 Cal.App.3d at p. 902 , italics added.) We do not believe the 45-day limitation is “jurisdictional” in the fundamental sense, but is only “jurisdictional” in the sense that it renders the court without authority to rule on motions to compel other than to deny them. 4 IV Civil Law and Motion Rule 9.15 Mullikin contends that Sexton’s failure to file written opposition on the ground of timeliness creates an inference that the mot

11997–1997

Where else courts name it

CA 6 (1997–2026) MO 2 (2010–2011)

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.

← Caselaw search · G Cite Topics · Brief Check