What is the test for general jurisdiction over a defendant in a personal injury action?

California, United States of America


The following excerpt is from Circus Circus Hotels, Inc. v. Superior Court, 120 Cal.App.3d 546, 174 Cal.Rptr. 885 (Cal. App. 1981):

Alluding to a contrasting situation, the court goes on to say that, "If, however, the defendant's activities in the forum are not so pervasive as to justify the exercise of general jurisdiction over him, then jurisdiction depends upon the quality and nature of his activity in the forum in relation to the particular cause of action. In such a situation, the cause of action must arise out of an act done or transaction consummated in the forum, or defendant must perform some other act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws. Thus, as the relationship of the defendant with the state seeking to exercise jurisdiction over him grows more tenuous, the scope of jurisdiction also retracts, and fairness is assured by limiting the circumstances under which the plaintiff can compel him to appear and defend. (Fn. omitted.) The crucial inquiry concerns the character of defendant's activity in the forum, whether the cause of action arises out of or has a substantial connection with that activity, and upon the balancing of the convenience of the parties and the interests of the state in assuming jurisdiction. (Citing Hanson v. Denckla, 357 U.S. 235, 250-253, 78 S.Ct. 1228, 1237-1239, 2 L.Ed.2d 1283.)" 7 (Id. at

Page 892

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