Civil Procedure Keyed to Marcus
Burnham v. Superior Court of California
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
After the Petitioner and his wife agreed to divorce, Mr. Burnham filed a Petition for Divorce in New Jersey based on grounds of “desertion.” However, Petitioner did not obtain the issuance of a summons nor did he attempt to serve her with process. Mrs. Burnham was not successful in convincing Mr. Burnham to heed their prior agreement. Therefore, in 1988, Mrs. Burnham filed suit for divorce in California. In January, 1988, Petitioner visited San Francisco, California as part of a business trip and to visit his children. While in San Francisco, Petitioner was served with a copy of Mrs. Burnham’s divorce petition. Petitioner sought relief in the California state courts, asserting that the Due Process Clause of the Fourteenth Amendment prohibited California courts from obtaining jurisdiction over him because he lacked “minimum contacts” with the state. His only contacts with the state were a few short visits to conduct business and to visit his children. The Superior Court denied his Motion to Quash, and the Court of Appeals of California denied his Petition for Writ of Mandamus. The court held that physical presence in the state when service is obtained is sufficient personal jurisdiction.
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