Personal Jurisdiction

• Author: Robert F. Kane/Donald G. Rez
• Pages: 419-454

Chapter 7

Personal Jurisdiction

QUICK VIEW

Definition: Personal or in personam jurisdiction is the power of the court to render a judgment that binds the

litigants. A judgment of a court without personal jurisdiction is void.

Scope of Chapter: Federal due process requirements; minimum contacts; jurisdiction based on service and

presence; jurisdiction based on consent; challenging jurisdiction by special appearance.

Strategies and Tactics: In most cases whether personal jurisdiction exists is clear. But when jurisdiction is based

on minimum contacts, the outcome can be difficult to predict in close cases as each case turns on its facts. A

nonresident defendant’s counsel should consider filing a special appearance to contest personal jurisdiction before

filing an answer or taking any other action in court. If such a motion is filed, plaintiff should conduct discovery

on jurisdictional issues to obtain the evidence to sustain its burden of proof that there is personal jurisdiction.

Statutes and Rules: CCP §§410.10, 418.10.

Related Topics: Summons and Service of Process, Ch 8; Venue and Forum Non Conveniens, Ch 8; Default

Judgment and Dismissal, Ch 29.

Forms IN DIGITAL ACCESS: See digital access for the following forms:

• Form 7:10 Notice of Motion to Quash Service of Summons for Lack of Personal Jurisdiction [Products

Liability Action].

• Form 7:20 Memorandum of Points and Authorities in Support of Motion to Quash Service of Summons

for Lack of Personal Jurisdiction [Products Liability Action].

• Form 7:30 Declaration in Support of Motion to Quash Service of Summons for Lack of Personal

Jurisdiction [Products Liability Action].

• Form 7:40 Notice of Motion to Quash Service of Summons for Lack of Personal Jurisdiction or to Stay

Action on Ground of Forum Non Conveniens [Breach of Contract].

• Form 7:50 Memorandum of Points and Authorities in Support of Motion to Quash Service of Summons for

Lack of Personal Jurisdiction or to Stay Action on Ground of Forum Non Conveniens [Breach of Contract].

• Form 7:60 Declaration in Support of Motion to Quash Service of Summons for Lack of Personal

Jurisdiction or to Stay Action on Ground of Forum Non Conveniens [Breach of Contract].

California Pretrial Practice & Forms 7-2

TABLE OF CONTENTS

I. GENERAL POINTS

A. OVERVIEW

§7:01 Definitions

§7:02 Personal Jurisdiction Necessary for Enforceable Judgment

B. RELATED CONCEPTS

§7:10 Compare: Venue

§7:11 Compare: Forum Non Conveniens

§7:12 Compare: Defective Service of Process

C. BASES FOR CALIFORNIA JURISDICTION

§7:20 Constitutional Standard of Due Process

§7:21 Broadest Possible Jurisdiction

§7:22 When Due Process Permits Exercise of Jurisdiction

§7:23 Continuity of Personal Jurisdiction

II. JURISDICTION OVER NONRESIDENTS; MINIMUM CONTACTS STANDARD

A. GENERAL POINTS

§7:30 Meaning of Minimum Contacts

§7:31 Purpose of Requiring Minimum Contacts

§7:32 Factors Considered

§7:33 General and Specific Jurisdiction

B. GENERAL JURISDICTION

§7:40 Requirements for General Jurisdiction

§7:41 Case Examples: General Jurisdiction Established

§7:42 Case Examples: General Jurisdiction Not Established

§7:43 General Jurisdiction Through Relationship With Others

C. SPECIFIC JURISDICTION

1. Requirements

§7:50 When Specific Jurisdiction Exists

§7:51 Three-Prong Test

2. Purposeful Availment

§7:60 What Constitutes Purposeful Availment

§7:61 Nature and Quality of Activity, Not Quantity

§7:62 Nexus Is Between Defendant and Forum Not Defendant and Plaintiff

§7:63 Plaintiff’s Activities Not Sufficient

§7:64 Internet Activities

3. Arise Out of Contact

§7:70 Lawsuit Must Arise Out of or Be Related to Contacts

§7:71 Claim Need Not Arise Directly From Defendant’s Forum Contacts

§7:72 Claim May Arise Outside State

§7:73 Case Examples: Contacts Sufficient for Specific Jurisdiction

§7:74 Case Examples: Contacts Insufficient for Specific Jurisdiction

4. Fair Play and Substantial Justice

§7:80 Factors To Be Considered

§7:81 Compelling Case Required

D. APPLICATION TO RELATED DEFENDANTS

§7:89 General Rules

§7:90 Employees

§7:91 Parent—Subsidiary

§7:92 Partnership—Partners

§7:93 Co-Conspirators

§7:94 Successor

7-3 Personal Jurisdiction

E. APPLICATION IN SPECIFIC SITUATIONS

1. Tort Actions

§7:100 Commission of Tort While in California

§7:101 Intentional Tortious Acts Outside California

2. Products Liability Actions

§7:110 Distribution to California

§7:111 Single Sale of Machine in California Sufficient

§7:112 When Sale Is Not Made in California

§7:113 Stream of Commerce Likely Insufficient

3. Contract Actions

§7:120 What Contacts Are Sufficient

§7:121 Single Contract May Be Sufficient

§7:122 Physical Presence Not Required

§7:123 Purchases

§7:124 Financing and Guaranties

§7:125 Consumer Transactions

4. Professional Services

§7:140 Legal Services

§7:141 Medical Services

5. Insurance Services

§7:150 Issuance of Policy to California Resident

§7:151 Must Avail Itself of California Market

§7:152 Ins Code §§1610-1611 Do Not Provide Jurisdiction

§7:153 Automobile Insurer

§7:154 Liability Insurer

§7:155 Failure to Provide Defense in Local Action

§7:156 Actions Between Insurers

6. Property Interests

§7:170 Minimum Contacts Required

§7:171 Presence of Property Will Usually Provide Contacts

7. Foreign Entities

§7:180 Minimum Contacts Applicable

§7:181 Parent—Subsidiary Not Enough

§7:182 Agency Degree of Control Necessary

§7:183 Alter Ego

§7:184 Availment

§7:185 Officers and Directors

§7:186 “Representative Service” Doctrine

§7:187 Appointment of Agent

§7:188 Class Actions Against Foreign Corporations

§7:189 Unfair Business Practices

§7:189.1 Limited Partnerships

8. International Defendants

§7:190 Minimum Contact Test Applied With Caution

§7:191 Contacts

§7:192 Nexus With United States

III. OTHER BASES FOR JURISDICTION

A. SERVICE OF PROCESS

§7:200 Service of Process

§7:201 No Exception for Judicial Proceedings

B. DOMICILE

§7:210 Domicile Is Sufficient for Jurisdiction