Muckle v. Superior Court
Court of Appeal of California
102 Cal. App. 4th 218 (2002)
- Written by Jacqueline (Hagan) Doyer, JD
Facts
In 1989, Andrew (defendant) and Cassandra Muckle (plaintiff) were married in Georgia. In July 1998, while the couple lived in California, Andrew bought a home in Georgia. In December 1998, Andrew moved into the Georgia home. Cassandra followed. Subsequently, Cassandra moved back to California. Cassandra later filed a petition for marital dissolution in the California trial court. Cassandra served Andrew with the dissolution papers by substituted service. Cassandra claimed that the home in Georgia was community property. Andrew filed a motion to quash the service for lack of personal jurisdiction. Andrew filed a declaration stating that he was 65 years old, had lived in Georgia since 1998, worked and paid taxes in Georgia, had a Georgia driver’s license, and was registered to vote in Georgia. The parties disagreed as to whether Andrew had sufficient minimum contacts with California for the court to have jurisdiction over Andrew. Cassandra filed a supplemental response asserting that Andrew had maintained sufficient minimum contacts with California by working in California for 10 years before moving to Georgia, filing for and receiving worker’s compensation from a California employer, and using some of the worker’s compensation funds to purchase the Georgia home. There was no evidence produced to support the allegations in Cassandra’s supplemental response. The trial court denied Andrew’s motion to quash, relying on many of the facts raised by Cassandra’s supplemental response, and found that Andrew had sufficient minimum contacts with California. Andrew filed a petition for writ of mandate challenging the trial court’s ruling denying Andrew’s motion to quash.
Rule of Law
Issue
Holding and Reasoning (Huffman, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.