What is the test for requiring a non-resident to appear before a judge in a civil action?

California, United States of America


The following excerpt is from Tank v. Tank (In re Tank), D066177 (Cal. App. 2015):

"Although the existence of sufficient 'minimum contacts' depends on the facts of each case, the ultimate determination generally rests on some conduct by which the nonresident has purposefully availed himself of the privilege of conducting activities within the forum state to invoke its benefits and protections, and a sufficient relationship or nexus between the nonresident and the forum state such that it is reasonable and fair to require the nonresident to appear locally to conduct a defense." (Muckle v. Superior Court (2002) 102 Cal.App.4th 218, 227.) "This latter 'fairness' finding requires a balancing of the burden or inconvenience to the nonresident against the resident plaintiff's or petitioner's interest in obtaining effective relief, and the state's interest in adjudicating the particular dispute, which ultimately turns on the nature and quality of the nonresident's forum-related activity." (Ibid.)

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