Modlin

Modlin v. Superior Court

Good Law
176 Cal. App. 3d 1176·222 Cal. Rptr. 662
Court of Appeal of CaliforniaJanuary 28, 1986B016074California1,529 words

Opinion

Opinion

Hastings, J.

In this original proceeding, real party, a resident of California, is seeking increased child support from her former husband (petitioner), a resident of New York. Petitioner challenges an order of the respondent court denying his motion to quash service of the summons on the order to show cause filed by real party, We hold that the respondent court abused its discretion.in denying the motion because (1) petitioner does not have sufficient “minimum contacts” with California to support the exercise of personal jurisdiction over him, and (2) the parties agreed that such disputes would be resolved under the laws of the State of New York.

Facts

Petitioner is a physician and professor of surgery at Yale University Medical School. In July 1978, he moved from England to Los Angeles where he worked at the Wadsworth Veterans’ Hospital. Real party, still residing in England, joined him a few months later. The parties’ daughter, Carmen, was born in Inglewood in February 1979. The parties returned to New York in July 1979, and were married there in October 1979. They divorced in New York in July 1981. In connection with the divorce, they executed a “Stipulation of Settlement”…

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