McGlothen

On the petition of Brenda McGlothen (hereafter for convenience and clarity, Brenda) seeking, along with other relief, child and spousal support from her husband, Lynn E. McGlothen (hereafter for similar reasons, Lynn), he made a special appearance objecting to the jurisdiction of the superior court. No contention was made that he had not been properly served with appropriate process; instead it was argued that he, a nonresident of California, was not subject to the jurisdiction of its courts under the “long arm” statute of Code of Civil Procedure section 410.10.

Following a hearing, the superior court entered an order that Lynn’s “Motion to Quash for lack of jurisdiction is denied; ...”

Upon Lynn’s petition we issued an alternative writ of mandate in order to determine the validity of that order.

The superior court’s determination was based upon controverted affidavits of the parties; no oral testimony was produced.

In determining the factual context of the case we are bound by the rule applicable where oral testimony is presented for review. “‘When an issue is tried on affidavits, the rule on [review] is that those affidavits favoring the contention of the prevailing…