I just found out that this case should be heard in Probate court instead of Superior court. We have pretrial conference in two days and the trial in one week. How can I challenge the jurisdiction?
The normal procedure is to file a motion with supporting declaration to transfer a case from a court lacking subject matter jurisdiction to a court having such jurisdiction pursuant to Code Civ. Proc. § 396.
While subject matter jurisdiction is never waived, you are probably too late to do anything if the trial is in one week. Moreover, in California, the superior courts are general jurisdiction courts. Probate court is also a court of general jurisdiction.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
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