Thomas P. Driscoll and Driscoll Ranch, Inc., a Corporation v. Albert J. Gebert, Jr.

We are asked to determine the applicability of a new California long arm statute, Code of Civil Procedure § 410.10, to an action pending prior to its effective date. Driscoll brought a state court action against Three G Oil Company and three individuals named Gebert, alleging breach of contract and illegal sale of oil and gas leases. The plaintiffs reside in California; the corporate defendant is a Kansas corporation; the Geberts live in Kansas. Defendants removed the action to federal court on diversity jurisdiction.

However, before the removal, plaintiffs had had process served upon the defendants in Kansas in January 1970. The defendants moved to quash service and the federal district court granted the motion with respect to the individual defendants, on the ground that California Code of Civil Procedure § 417 limited personal jurisdiction to parties who were domiciled in California at the time of the commencement of suit, or at the time of service, o>r at the time the cause of action arose. This ruling is not challenged.

The California legislature in 1969 had enacted a new group of statutes governing jurisdiction and service of process. California Code of Civil Procedure §…