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Froogle

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Submitted By mepatrice
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MEMORANDUM

Supervising Attorney
29 DEC 2015
Personal Jurisdiction Out of State Business Transactions

FACTS

Froogle a California based company, files a complaint against Mary, a client from
Vermont. Mary argues that California does not have personal jurisdiction over her. All business is done over the internet; Mary has never been to California.

ISSUE

Does California have personal jurisdiction over Mary?

RULE

Snowney v. Harrah's Entertainment, Inc., 35 Cal. 4th 1054, 1055 (Cal. 2005), outlines the rule When determining whether specific jurisdiction exists, courts consider the relationship among the defendant, the forum, and the litigation. A court may exercise specific jurisdiction over a nonresident defendant only if: (1) the defendant has purposefully availed himself or herself of forum benefits; (2) the controversy is related to or arises out of the defendant’s contacts with the forum; and (3) the assertion of personal jurisdiction would comport with fair play and substantial justice.
In Shisler v. Sanfer, 146 Cal App 4th 1254 (2006), the defendant, whose principal place of business was in Florida, maintained a website that advertised cars for sale. Plaintiff, a
California resident, saw defendant’s advertisement and bought a car. Plaintiff was not happy with car and filed suit in California. Defendant claims California lacked personal jurisdiction of him. The trial court agreed with defendant and plaintiff now appeals. In order to sue the defendant in California the California court must have personal jurisdiction. To meet the requirements of due process, “the defendant must have
‘minimum contacts’ with the forum state such that the maintenance of the suit ‘does not offend the “traditional notions of fair play and substantial justice.” The court further found that an internet website alone does not give rise to personal...

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