Personal Jurisdiction

Question 1

Personal: Traditional

Answer 1

• Personal service in state
• Domicile (even if outside state, as long as personally served)
  
  • Court has power over anything within its borders
    
    • citizens (& corps), visitors (in state), land, except fed. immunity to visitors while in CA solely to participate in separate judicial process (***CA contra)
• Consent
  
  • waiver by failure to raise objection in answer or motion
  • express consent to a forum clause
  • **for default judgment only, D may raise collaterally (in P’s suit to enforce the judgment)

Question 2

Personal: Traditional: CA Distinction

Answer 2

• General appearance (subjects D to PJ), D appears when
  
  • answers, demurs, motion to strike, motion to transfer, moves for reclassification, gives P written notice of appearance
• Consent:
• challenge to PJ CANNOT be just in Answer
• MUST file a motion to quash service of summons, either by itself or simult. with Answer
• if motion denied, seek immediate writ or it is waived

Question 3

Personal: Non-resident: elements

Answer 3

For the court to have the power to bind Ds not physically present in the forum (and over whom the court has no traditional basis), due process requires the state to have:

1. Long-arm statute
2. Due process analysis (meet the test in International Shoe)

***CA: raise if fact pattern contains a motion to quash–challenges court authority to assert PJ

Question 4

Long-arm statute

Answer 4

Statute that authorizes forum to assert PJ

1. specific (state must follow its own rules and not exceed limits of due process)
2. non-specific–to extent of due process

***CA is non-specific: any basis consistent with the US and CA constitutions

Question 5

Due Process Analysis (Int’l Shoe)

Answer 5

Does D have such minimum contacts with the forum that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice?

1. Minimum Contacts
2. Fair Play/Substantial Justice
3. Given 1 & 2, are the contacts sufficient for PJ in this particular claim?
   
   • general jurisdiction: continuous, extensive, and systematic activity in the forum may subject D to jurisdiction even if the claim is unrelated to the activity
   • specific jurisdiction: even sporadic activity may subject D to jurisdiction IF the claim arose out of that activity

Question 6

Minimum Contacts

Answer 6

• Did D have minimum contacts with the forum such that they purposely availed themselves of the benefits of the forum and could have foreseen the need to defend there?
• Purposeful availment:
  
  • quality and nature of D’s acts
  • voluntary acts directed toward this forum
  • includes goods intentionally placed in stream of commerce of this forum
  • did actual harm result?
• Foreseeability of Lawsuit: did D anticipate his activities directed to this forum might lead to a lawsuit?

Question 7

Fair Play/Substantial Justice

Answer 7

• relatedness between claim and contact
• P’s interest in obtaining relief
• burden on D versus benefit D obtained from state
• state interest

Question 8

Property: In Rem

Answer 8

Power of court to render a judgment that binds property based on the presence of the property in the state (includes stocks, real property, personal property)

• adjudicates right of all person with respect to property
• its power is limited to value of the property

Applies:

• where D not subject to PJ; AND
• where ownership of property is at issue
  
  • e.g. to quiet title, to clear cloud on title, adjudicates right of P versus all others

Question 9

In Rem: elements

Answer 9

• notice
• opportunity for hearing
• proof by P
• P posts bond
• judicial order

Question 10

Property: Quasi In Rem

Answer 10

1. like In Rem except it is against specific D
   
   • e.g. quiet title, foreclosure, set aside fraudulent conveyance, specific performance
     - underlying dispute involving the property
2. P gets jurisdiction over property as substitute for PJ over D (property is attached)
   
   • claims unrelated to property
   • remedy limited to value of property
   • adjudicates rights of specific person (minimum contacts analysis)

• Adjudicates rights of specific persons
• Jurisdiction is obtained by attaching D’s property in the state

Question 11

Notice/Service: Reasonably Calculated

Answer 11

• To have PJ, due process requires that D be given notice & opportunity to be heard. Notice must be given in such a manner that it is reasonably calculated to appraise interested parties of the pendency of the action & afford them the opportunity to present their objections.
• Process = summons (formal notice of suit) + Complaint
• Have 120 days to serve process after filing Complaint, or case dismissed without prejudice
  
  • **CA: 3 years, unless fast track (60 days)

Question 12

Service: May Serve By

Answer 12

• personal service
• abode service
  
  • to a suitable person (age, discretion); AND
  • D’s usual abode
• substituted service: D’s authorized agent

Question 13

Service: CA

Answer 13

• personal service–hand deliver (preferred method in CA)
• if not personal, called substituted service
• sub. service
  
  • standard: must show unable to personally serve after “reasonable diligence” (liberally contrued)
  • requires:
    
    • summons and complaint to 1) D’s usual abode, to a suitable person, OR 2) person apparently in charge at office during normal hours
    • AND; mail copies to address at which docs where served (presumptive IPJ 10 days after mailing)
  • but for corporate D, can leave with statutory agent without having to show reasonable diligence

-service by publication for in rem (constructive service)

Question 14

Service: Waiver By Mail

Answer 14

• Must be requested by P–if D acknowledges in writing within 30 days, then D gets 60 days from date of mailing instead of 20 to Answer
  
  • if no waiver, then D must pay cost of service
• **CA: D must acknowledge in writing within 20 days, else must pay cost of service
• in CA, no “carrot”–no extended time for Answer