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California
Law Dictionary
Jurisdiction- Judgment Void- Lack of Jurisdiction
(People v. American Contractor)
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Judgment Void- Lack of Jurisdiction
(People v American Contractor)

III. Discussion

The parties agree that under section 1306, subdivision (c), summary judgment in this case was premature because it was entered on the last day of the appearance period. The issue is whether this error rendered the judgment voidable or void, and whether, if it is merely voidable, it was subject to collateral attack long after the judgment was final.

The term “jurisdiction,” “used continuously in a variety of situations, has so many different meanings that no single statement can be entirely satisfactory as a definition.” (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 287 (Abelleira).) Essentially, jurisdictional errors are of two types. “Lack of jurisdiction in its most fundamental or strict sense means an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.” (Id. at p. 288.) When a court lacks jurisdiction in a fundamental sense, an ensuing judgment is void, and “thus vulnerable to direct or collateral attack at any time.” (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94, 119 (Barquis).)

However, “in its ordinary usage the phrase ‘lack of jurisdiction’ is not limited to these fundamental situations.” (Abelleira, supra, 17 Cal.2d at p. 288.) It may also “be applied to a case where, though the court has jurisdiction over the subject matter and the parties in the fundamental sense, it has no ‘jurisdiction’ (or power) to act except in a particular manner, or to give certain kinds of relief, or to act without the occurrence of certain procedural prerequisites.” (Ibid.) “[W]hen a statute authorizes [a] prescribed procedure, and the court acts contrary to the authority thus conferred, it has exceeded its jurisdiction.” (Id. at p. 290.) When a court has fundamental jurisdiction, but acts in excess of its jurisdiction, its act or judgment is merely voidable. (In re Marriage of Goddard (2004) 33 Cal.4th 49, 55; Conservatorship of O’Connor (1996) 48 Cal.App.4th 1076, 1088.) That is, its act or judgment is valid until it is set aside, and a party may be precluded from setting it aside by “principles of estoppel, disfavor of collateral attack or res judicata.” (Conservatorship of O’Connor, at p. 1088.) Errors which are merely in excess of jurisdiction should be challenged directly, for example by motion to vacate the judgment, or on appeal, and are generally not subject to collateral attack once the judgment is final unless “unusual circumstances were present which prevented an earlier and more appropriate attack.” (Pacific Mut. Life Ins. Co. v. McConnell (1955) 44 Cal.2d 715, 727; id. at p. 725 [general rule is that a “final judgment or order is res judicata” and not subject to collateral attack “even though contrary to statute where the court has jurisdiction in the fundamental sense, i.e., of the subject matter and the parties”]; 2 Witkin, Cal. Procedure (4th ed. 1996) Jurisdiction, § 323, p. 899.)

In determining whether a prematurely entered summary judgment is void or voidable, we look first to the language of the statute. Here, sections 1305 and 1306 expressly provide that in circumstances not present in this case, if a court or court clerk fails to perform in a specific manner, the surety is released of all obligations or the bond is exonerated. Thus, if a clerk fails to give timely notice of the forfeiture, the surety is “released of all obligations under the bond.” (§ 1305, subd. (b)(1); People v. American Contractors Indemnity Co. (2001) 91 Cal.App.4th 799, 806-807.) Similarly, if summary judgment is entered after expiration of the 90-day period, section 1306 expressly provides that the bond is exonerated. (§ 1306, subd. (c) [“If, because of the failure of any court to promptly perform the duties enjoined upon it pursuant to this section, summary judgment is not entered within 90 days after the date upon which it may first be entered, the right to do so expires and the bail is exonerated”]; People v. Topa Ins. Co. (1995) 32 Cal.App.4th 296, 303 [summary judgment void and bail exonerated as a matter of law since judgment entered several months after expiration of 90-day period].)

People . v. American Contractors S120474-7/22/04-the judgment voidable or void,

Jul 22 2004

S120474
[PDF] [DOC]

P. v. American Contractors 7/22/04 SC

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