Fifth District So Decides, But Lays Down No Absolute Rule On Subject Matter Jurisdiction Issue.
Brown v. Desert Christian Center, Case No. F060139 (5th Dist. Mar. 17, 2011) (certified for publication) involved a personal injury that was dismissed on the jurisdictional defense that the involved injuries were within the exclusive province of the worker’s compensation system. Prevailing defendant moved for costs of $7,909.88 (mainly deposition costs), but the lower court denied the request based on the thesis that it lacked jurisdiction to award costs--after all, it found a lack of jurisdiction when dismissing the case.
The Fifth District reversed the fee denial.
Although finding that an absolute lack of subject matter jurisdiction might preclude a costs award in the right circumstances (but not reaching the issue), the appellate court found that the trial court did have jurisdiction to determine the exclusivity defense such that costs were in order. The judgment of dismissal carried enough jurisdiction, so to speak, so that the award of costs was a proper incident to the trial court’s power to adjudge the jurisdictional defense in the first instance. Although distinguishing the older case of Gutting v. Globe Indemnity Co., 119 Cal.App. 288, 289 (1931), the Fifth District panel made clear it did not favor the reasoning in this decision.
We bloggers predict that there will be evolving jurisprudence on this issue.
Accident case - Union Hospital. Molla Mesuretta, 17 years. Weaver at Sagamore Mill. Worked two years. Laceration and partial evulsion of tip of finger and nail. Hurt September 1915 while cleaning loom in motion. "They all clean when the machine is going." She will always be handicapped. Not able to go back yet. Finger is tender. Nail split and finger tip cit to the quick. Wages $7.50; compensation $4.67. Finger that she needs most in weaving was hurt. Location: Fall River, Massachusetts. Library of Congress.
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