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Burnham v. Superior Court

United States Supreme Court

495 U.S. 604 (1990)

Relevant factsFree

Dennis Burnham (plaintiff/petitioner) and his wife Francie separated while living in New Jersey, agreeing she would move to California with their children; Dennis later filed for divorce in New Jersey but never served her. During a brief business and family visit to California, Dennis was personally served with a California divorce summons and petition, then returned to New Jersey. He moved to quash service, arguing California lacked personal jurisdiction over him under the Due Process Clause because he lacked the minimum contacts required; the California courts denied relief, holding his physical presence and service in the state were sufficient, and the Supreme Court granted certiorari.

IssueFree

Whether a nonresident party may be properly served with process, subjecting him to personal jurisdiction, while temporarily visiting a state for purposes unrelated to the suit.

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