David L. v. Superior Court of San Diego Cnty.

Bad Law
240 Cal. Rptr. 3d 462·29 Cal. App. 5th 359
Court of Appeal of CaliforniaNovember 26, 2018D073996California7,470 words

Opinion

Lead Opinion

Dato, J.

Legal Aid Society of San Diego, Maria Maranion Kraus, and Ali Puente-Douglass for Real Party in Interest.

*362 Consistent with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, may California exercise specific personal jurisdiction over a nonresident in a paternity action where the mother and young child live in California and conception occurred in another state? Mariana L. initiated a paternity and child support action in San Diego County against David L., a Connecticut resident. 1 The trial court denied David's motion to quash service, and he seeks writ review.

On the particular facts presented, we answer the question in the negative and issue a writ of mandate to prevent the exercise of jurisdiction. David's knowledge that Mariana resided in California and the foreseeability of California effects (a child) from their out-of-state sexual intercourse are insufficient to establish the requisite minimum contacts. ( Walden v. Fiore (2014) 571 U.S. 277 , 289, 134 S.Ct. 1115 , 188 L.Ed.2d 12 ( Walden ).) Specific jurisdiction must rest on David's own suit-related contacts with California , not merely a plaintiff who lives here. ( Id. at pp.…

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