Litigation
Feb. 11, 2017
What is 'lack of jurisdiction' anyway?
The mere fact that a statute uses the term "mandatory" and sets forth clear deadlines does not implicate a court's fundamental jurisdiction to hear a case. By Paul D. Fogel and Kasey Curtis
Paul D. Fogel
Judge (retired)
Reed Smith LLP
Appellate Law
101 2nd St Ste 1800
San Francisco , CA 94105
Phone: (415) 659-5929
Fax: (415) 391-8269
Email: pfogel@reedsmith.com
UCLA SOL; Los Angeles CA
Paul D. Fogel is a partner in Reed Smith LLP's Appellate Group, and served as the group's leader from 2012 to 2015
"Lack of jurisdiction can be raised at any time, even for the first time on appeal." This principle is something law students typically learn in first year civil procedure.
But what does "lack of jurisdiction" really mean? The California Supreme Court recently addressed this nuanced issue in Kabran v. Sharp Memorial Hospital, 2017 DJDAR 514 (Jan. 19, 2017), explaining that the answer comes down to...
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