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1200 California Street, Suite 260, Redlands, CA 92374
1200 California Street, Suite 260, Redlands, CA 92374

“Jurisdiction is the right to exercise authority over persons and their property and apply the law of the land. There are two types: 1) Subject Matter Jurisdiction: A) Is the power to hear and determine the cause and to describe the range of power to apply remedies in various fields of substantive law; B) Provides superior court authority to hear family law cases; C) Pursuant to FC 2010, allows court to render a judgment/make appropriate orders concerning: the status of the marriage; custody issues; support issues; property issues; & attorney fees. 2) Personal jurisdiction: A) Provides the court with authority to make court orders that personally affect a person and/or his or her property; B) It is necessary for both in personam and in rem jurisdiction; & C) It give a party notice of the lawsuit and an opportunity to be heard. [For a court to make orders that affect a person or his or her property, the person must have been served with a copy of all paperwork filed with the court regarding the lawsuit. It may be obtained when a nonresident is served while he or she is present in the State of California in family law matters.”

In personam jurisdiction is jurisdiction over the person; and it allows the court to make orders that personally affect a person and/or a person’s rights, such as a court order requiring child support or visitation. In rem jurisdiction is jurisdiction over property or things; it is the kind of jurisdiction in a divorce action; it gives the court authority to decide matters involving a person’s real/personal property; only allows a court to change the nature of real property interests that are located within CA [FC 2660(a)].

Venue is where the action is filed or entertained [CCP 395(a)]: Courts may relocate a case to a different venue if the ends of justice would be promoted by this change of venue [CCP 397]; courts may change venue when both petitioner and respondent have moved [CCP 397.5]; courts can order proceedings transferred to the county of residence of either party [CCP 397.5]; a superior court may specify by local rule the venue where certain types of actions or proceedings are to be filed and heard. [If a case is filed in the wrong venue, the superior court cannot dismiss the case but has the jurisdiction to transfer the case or action to another location or venue [FC 402].”

LW Greenberg, California Family Law

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Law Offices of James R. Dickinson – 909-848-8448

How To Schedule A Consultation:

Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].

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