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Matthew Bender (R) Practice Guide: California Pretrial Civil Procedure
Kiesel, Lichtman, Matthai, Seabolt
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-10 MB Practice Guide: CA Pretrial Civil Procedure 10.syn


Title

Dismissal for Lack of Subject Matter Jurisdiction

Author

Paul R. Kiesel;Peter D. Lichtman;Edith R. Matthai;Richard L. Seabolt

Chapter Summary


ABSTRACT TEXT:

The distinction between "fundamental" subject matter jurisdiction and "excess" jurisdiction is crucial to proper application of rules for challenging lack of subject matter jurisdiction. The type of subject matter jurisdiction often referred to as "fundamental" is the authority of the court over causes, parties, and objects. In contrast, the exercise of "excess jurisdiction" consists of an act or decision of the court that exceeds its power granted over those causes, parties, and objects.

This chapter provides an objective and strategy for seeking dismissal for lack of subject matter jurisdiction. It explains how to determine whether a court has subject matter jurisdiction; how to resolve concurrent jurisdiction issues; and how to file a motion to transfer or dismiss for lack of subject matter jurisdiction. The chapter concludes with coverage on challenging lack of subject matter jurisdiction on appeal.

Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) covers all of the major pretrial procedures for a civil case, from the initial client interview and identification of parties, to preparing a complaint and filing responses, to ending the case before trial. This publication also provides guidance for finding pertinent online information, cross-references to additional relevant content, and forms. The numerous practice tips, searches and checklists will help the attorney keep track of important procedures or deadlines.

CORE TERMS:

California pretrial civil procedure,California civil procedure,subject matter jurisdiction,fundamental subject matter jurisdiction,excess jurisdiction,lack of subject matter jurisdiction,dismissal for lack of subject matter jurisdiction,concurrent jurisdiction,motion to transfer or dismiss for lack of subject matter jurisdiction

RELATED CHAPTERS: (View)

For more discussion on topics related to subject matter jurisdiction, see Ch. 6, Determining Forum; Ch. 8 Service of Summons; and Ch. 9, Motions to Quash and Other Objections to Personal Jurisdiction.

OTHER RELATED PUBLICATIONS:

For further discussion and forms on dismissal for lack of subject matter jurisdiction, see California Forms of Pleading and Practice, Ch. 324, Jurisdiction: Subject Matter Jurisdiction (Matthew Bender).

For more memoranda of points and authorities concerning subject matter jurisdiction, see California Points and Authorities, Ch. 133, Jurisdiction: Subject Matter Jurisdiction (Matthew Bender).

For discussion and forms for use to demur to a complaint on the ground the court lacks jurisdiction of the subject of the action, see California Forms of Pleading and Practice, Ch. 206, Demurrers and Motions for Judgment on the Pleadings (Matthew Bender).

For discussion and forms for use in securing relief from defaults and judgments that are void for lack of jurisdiction, see California Forms of Pleading and Practice, Ch. 489, Relief From Judgments and Orders (Matthew Bender).

For a discussion of the subject matter jurisdiction of the small claims courts, see California Forms of Pleading and Practice, Ch. 526, Small Claims (Matthew Bender).

For discussion and forms relating to the jurisdiction of federal courts, see California Forms of Pleading and Practice, Ch. 265, Federal Courts: Jurisdiction and Removal (Matthew Bender).

See Matthew Bender(R) Practice Guide: California Civil Discovery (Matthew Bender) for expert guidance on handling discovery requests and responses, including: interrogatories, requests for admissions, requests for inspection of documents or things, depositions, physical and mental examinations, and exchange of expert information.

See California Trial Guide (Matthew Bender) for substantive and procedural guidance to the evidentiary issues encountered throughout the trial process, including alternative actions before and during trial; jury selection; and motions and objections relating to direct and cross-examination.
 
 
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