Cal. Capital Ins. Co. v. Hoehn

Summary

The court held that a motion under section 473(d) to vacate a judgment void for lack of proper service is not subject to the judicially created two-year limit previously applied to such motions when invalidity was established by extrinsic evidence. The court concluded that the limitation lacked a statutory basis and sufficient justification, and that improper service implicates fundamental due process concerns. It reversed and remanded for further proceedings, including consideration of Hoehn's extrinsic mistake theory.