“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
