What is the test for establishing personal jurisdiction against a nonresident defendant in a motion to quash?

California, United States of America


The following excerpt is from Berman v. Modell, A149771 (Cal. App. 2018):

"If the nonresident defendant does not have substantial and systematic contacts in the forum sufficient to establish general jurisdiction, he or she still may be subject to the specific jurisdiction of the forum . . . ." (Vons, supra, 14 Cal.4th at p. 446, italics omitted.) "A court may exercise specific jurisdiction over a nonresident defendant only if: (1) 'the defendant has purposefully availed himself or herself of forum benefits' [citation]; (2) 'the "controversy is related to or 'arises out of' [the] defendant's contacts with the forum" ' [citations]; and (3) ' "the assertion of personal jurisdiction would comport with 'fair play and substantial justice' " ' [Citations]." (Pavlovich v. Superior Court (2002) 29 Cal.4th 262, 269 (Pavlovich).)

"On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual bases justifying the exercise of jurisdiction. [Citation.] The plaintiff must come forward with affidavits and other competent evidence to carry this burden and cannot simply rely on allegations in an unverified complaint. [Citation.] If the plaintiff meets this burden, 'it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable.' [Citation.]" (Buchanan v. Soto (2015) 241 Cal.App.4th 1353, 1362.)

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