ONCALL
...
PreTrial Adjudication
......Jurisdiction & Venue
4 Cards On This Topic:
While D did not meet its burden of proving that forum selection clause was unreasonable, the trial ct. had statutory authority to decline to exercise jurisdiction given parties' absence of CA contacts.
Due process under the Uniform Foreign-Country Money Judgments Act does not require that defendant actually receive a summons, it only requires a method of service reasonably calculated to provide actual notice.
Failure to move to change venue under CCP §396b does not, as a matter of law, waive a litigant's right to so move under CCP §397 in the absence of intent to waive.
As DP requires D defend claims of non-CA and CA residents in CA, court properly denied D's motion to quash based upon specific jurisdiction—D engaged in substantial, continuous sales of Plavix throughout country.