Pavlovich v. Superior Court

29 Cal. 4th 262, 58 P.3d 2, 127 Cal. Rptr. 2d 329 (2002)

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Pavlovich v. Superior Court

Supreme Court of California
29 Cal. 4th 262, 58 P.3d 2, 127 Cal. Rptr. 2d 329 (2002)

  • Written by Matt Fyock, JD
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Facts

Pavlovich, a resident of Texas who did not conduct business or reside in California, posted information on a website to instruct Linux users on circumventing proprietary encryption technology of California company DVD Copy Control Association, Inc. (DVD CCA), the real party in interest. DVD CCA filed suit in California court, seeking injunctive relief against Pavlovich. Pavlovich (defendant) filed a motion to quash service of process from the Superior Court (plaintiff), alleging that California lacked personal jurisdiction. The court of appeals ruled that personal jurisdiction over Pavlovich was proper based on a posting on an internet website. Pavlovich appeals this ruling.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

Dissent (Baxter, J.)

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Casebooks

Civil Procedure

Cyberspace

Key Terms

  • General Personal JurisdictionRefers to a court’s power to hear cases over an out-of-state party who has extensive, systematic, and continuous dealings with the state in which the court sits.
  • Specific Personal JurisdictionPersonal jurisdiction that arises out of a defendant's voluntary contacts with the forum state, i.e., a court’s power to adjudicate matters over parties who lack systematic and continuous contacts with the state if the cause of action arises out of the parties' contacts with the forum state.
  • Calder Effects TestTest for determining whether a forum’s courts may constitutionally exercise specific personal jurisdiction over a defendant based on whether the effects of the defendant’s intentionally tortious conduct were felt in the state.

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