Burnham v. Superior Court of Cal., County of Marin
109 L. Ed. 2d 631 · Supreme Court of the United States · 1990
Facts
Petitioner Dennis Burnham, a New Jersey resident, was visiting California for business and to see his children when he was personally served with divorce papers by his estranged wife, Francie, who had moved to California. He challenged the California court's personal jurisdiction, arguing his temporary presence and minimal contacts were insufficient for a suit unrelated to his activities in the state. The California courts upheld jurisdiction based on his physical presence and personal service.
Procedural history
Petitioner Dennis Burnham made a special appearance in the California Superior Court, moving to quash service on the ground that the court lacked personal jurisdiction. The Superior Court denied the motion, and the California Court of Appeal denied mandamus relief, rejecting his contention. The Court of Appeal held that personal service on a defendant present in the forum state was a valid jurisdictional predicate. The U.S. Supreme Court granted certiorari.
Issue
Does the Due Process Clause of the Fourteenth Amendment prohibit a state court from exercising personal jurisdiction over a nonresident defendant who was personally served with process while temporarily present in the state, even if the lawsuit is unrelated to the defendant's activities there?
Holding
No, the Due Process Clause does not prohibit California courts from exercising personal jurisdiction over a nonresident defendant based solely on the fact that he was personally served with process while physically present in the state. The Supreme Court affirmed the lower court's judgment.
Rule
Jurisdiction based on physical presence and personal service within a state comports with due process because it is a deeply rooted, continuing tradition of the American legal system, satisfying the "traditional notions of fair play and substantial justice" standard. The "minimum contacts" analysis is not required when a defendant is physically present and served.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.