Stone v. State of Texas

Good Law
1999 Cal. App. LEXIS 1072·76 Cal. App. 4th 1043·90 Cal. Rptr. 2d 657·99 Daily Journal DAR 12391
Court of Appeal of CaliforniaNovember 8, 1999D031136California1,820 words

Opinion

Opinion

McINTYRE, J.

David J. Stone, M.D., appeals a judgment of dismissal entered after the trial court granted the motion of the State of Texas and the University of Texas Health Center at Tyler (together Health Center) for an order quashing service of the summons. Dr. Stone contends the Health Center had sufficient contacts with California to justify the court’s exercise of personal jurisdiction over it. We affirm.

Background

Dr. Stone practiced pediatrics in San Diego for 19 years. In May 1993, he received a letter from Merritt, Hawkins & Associates (Merritt), a physician search firm located in Texas, soliciting him for employment. Dr. Stone contacted Merritt and it advised him a staff position was available at the Health Center.

Dr. Stone and Dr. Robert Klein, chairman of the Health Center’s department of pediatrics, spoke by telephone numerous times. Dr. Klein explained a benefit of the position was the reimbursement of college expenses for Dr. Stone’s children. In July 1993, Dr. Stone traveled to Tyler for an interview.

The Health Center sent Dr. Stone a letter offering him a one-year untenured position as an associate professor of pediatrics. The offer was silent regarding college…

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