State of Oregon v. Superior Court

In this petition for writ of mandate, the State of Oregon, Oregon State University, and Oregon Health Sciences University and Clinics challenge the trial court’s denial of their motion to quash (Code Civ. Proc., § 418.10) based on lack of “minimum contacts” and comity. Under the particular facts presented, we find personal jurisdiction over petitioners is warranted, and deny the petition.

Factual and Procedural Summary

While a student at Lynwood High School in California, Earnest Killum rose to national prominence as an outstanding basketball player. During his senior year, the head coach from Oregon State University (OSU) came onto the school campus to recruit Earnest to attend OSU and become a member of its basketball team. Specific efforts to recruit Earnest were also made by the assistant coach and the trainer for OSU. As a result of these contacts and recruitment efforts, Earnest decided to attend OSU. He enrolled as a student there in September 1990. He and his mother, Thelma Lillard, were residents of California throughout this time period.

During the 1990-1991 school year, Earnest was academically ineligible to play on the OSU basketball team. He returned to…