Hogue

Hogue v. Hogue

Good Law
16 Cal. App. 5th 833·2017 Cal. App. LEXIS 947·224 Cal. Rptr. 3d 651
Court of Appeal of CaliforniaSeptember 29, 2017C083285California2,219 words

Opinion

lead Opinion

Butz, J.

*835 Plaintiff Marla Gwen Hogue sought a restraining order under the Domestic Violence Prevention Act ( Fam. Code, § 6200 et seq. ) against her estranged husband, defendant Jerry Dean Hogue, in February 2016 after moving back to California from Georgia. In April 2016, defendant made a special appearance through counsel to move to quash the action for lack of personal jurisdiction. 1 ( Code Civ. Proc., § 418.10, subd. (a)(1).) The trial court granted the motion on April 27, 2016. Never having been served with notice of entry of the order, plaintiff timely filed her notice of appeal on October 21, 2016. ( Id ., § 904.1, subd. (a)(3); Cal. Rules of Court, rule 8.104(a)(1)(C).)

On appeal, plaintiff contends California has jurisdiction over defendant because either his conduct comes within the "special regulation" basis for specific jurisdiction, or otherwise justified specific jurisdiction as a continuing course of conduct commencing in California and thereafter directed toward California after defendant left the state. As we agree with the former premise (which plaintiff concedes obviates the latter argument), we shall vacate the order quashing service and remand for consideration…

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