...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.