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Does the Court Have Personal Jurisdiction on a Non-Resident

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Submitted By clydestlucie
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MEMORANDUM

To: Reader
From:
Date:
Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident

Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company.
Issue:
Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet?
Rules:
Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify as either substantial or continuous and systematic, that California lacked jurisdiction over the defendant. Additionally, the defendant was not registered or licensed as a business in California; paid no California taxes, did not maintain any bank accounts; nor was any advertising such as print, television, or radio was directly targeted towards California residents. In Int'l Shoe Co. v....

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