Burnham v. Superior Court of California
Encyclopedia
Burnham v. Superior Court of California, County of Marin, was a United States Supreme Court case concerning the transient jurisdiction of a forum state. All nine justices were unanimous concerning the judgment, but the Court issued a fractured decision. Justice
Antonin Scalia
announced the judgment and wrote an opinion that was joined by three other justices as to parts I, II-A, II-B and II-C, while Justice Byron White
did not join in parts II-D and III. Justice William J. Brennan, Jr.
wrote a concurring opinion that three other justices joined. Justice John Paul Stevens
wrote a separate concurring opinion that approved of the reasoning found in all the other opinions, but did not join in any of them, leaving the case without a controlling decision.
." Instead, in October 1987, Dennis filed for divorce in New Jersey state court on grounds of "desertion
," although he did not obtain a summons or attempt to serve Francie with process. After trying and failing to convince Dennis to follow their prior agreement, Francie brought suit for divorce in California state court in early January 1988. In late January, Dennis went to California on business, and afterward visited his children at Francie's home. Dennis took the older child to visit San Francisco for the weekend, and upon returning the child to Francie's home January 24, 1988, he was served with a California court summons. Dennis made an unsuccessful special appearance in the Superior Court of Marin County later that year to quash the service of process, claiming that, as a non-resident of the state of California, he lacked the minimum contacts with California necessary to establish personal jurisdiction over him. Dennis then filed for mandamus relief in the California Court of Appeal
for the First District on the grounds that the decision below violated his due process rights, guaranteed under the Fourteenth Amendment of the United States Constitution. His appeal was denied by the California Court of Appeal and in 1989, the Supreme Court of the United States granted certiorari.. The case was argued on February 28, 1990 and decided on May 29, 1990.
law exercises of personal jurisdiction were unconstitutional under the Due Process clause of the Fourteen Amendment unless they comported to "traditional notions of fair play and substantial justice" when the defendant was not personally served in the forum state. The issue is whether the Due Process Clause of the Fourteenth Amendment denies CA courts jurisdiction over a nonresident, who was personally served with process while temporarily in that State
, in a lawsuit
unrelated to his activities in the State. The Court ruled that California had personal jurisdiction over Burnham. The forum state had jurisdiction over plaintiff after he was served with process while temporarily in the state for activities unrelated to the pending divorce action. Due process
under U.S. Constitutional Amendment XIV was satisfied because nothing in the line of cases supporting the minimum contacts doctrine supported the proposition that physical presence was itself insufficient to establish jurisdiction.
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
announced the judgment and wrote an opinion that was joined by three other justices as to parts I, II-A, II-B and II-C, while Justice Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
did not join in parts II-D and III. Justice William J. Brennan, Jr.
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
wrote a concurring opinion that three other justices joined. Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
wrote a separate concurring opinion that approved of the reasoning found in all the other opinions, but did not join in any of them, leaving the case without a controlling decision.
Procedural and factual history
In July 1987 New Jersey married couple Dennis and Francie Burnham decided to get divorced. That same month Francie moved to California with the couple's two children, after Dennis and Francie agreed that Francie would file for divorce on the grounds of "irreconcilable differencesIrreconcilable differences
The concept of irreconcilable differences provides a possible ground for divorce in a number of jurisdictions.In Australian family law with no-fault divorce it is the sole ground, adequate proof being that the estranged couple have been separated more than 12 months.In the United States it can be...
." Instead, in October 1987, Dennis filed for divorce in New Jersey state court on grounds of "desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
," although he did not obtain a summons or attempt to serve Francie with process. After trying and failing to convince Dennis to follow their prior agreement, Francie brought suit for divorce in California state court in early January 1988. In late January, Dennis went to California on business, and afterward visited his children at Francie's home. Dennis took the older child to visit San Francisco for the weekend, and upon returning the child to Francie's home January 24, 1988, he was served with a California court summons. Dennis made an unsuccessful special appearance in the Superior Court of Marin County later that year to quash the service of process, claiming that, as a non-resident of the state of California, he lacked the minimum contacts with California necessary to establish personal jurisdiction over him. Dennis then filed for mandamus relief in the California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
for the First District on the grounds that the decision below violated his due process rights, guaranteed under the Fourteenth Amendment of the United States Constitution. His appeal was denied by the California Court of Appeal and in 1989, the Supreme Court of the United States granted certiorari.. The case was argued on February 28, 1990 and decided on May 29, 1990.
Issue and result
In the personal jurisdiction cases preceding Burnham, the Court held that under AmericanUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law exercises of personal jurisdiction were unconstitutional under the Due Process clause of the Fourteen Amendment unless they comported to "traditional notions of fair play and substantial justice" when the defendant was not personally served in the forum state. The issue is whether the Due Process Clause of the Fourteenth Amendment denies CA courts jurisdiction over a nonresident, who was personally served with process while temporarily in that State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, in a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
unrelated to his activities in the State. The Court ruled that California had personal jurisdiction over Burnham. The forum state had jurisdiction over plaintiff after he was served with process while temporarily in the state for activities unrelated to the pending divorce action. Due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
under U.S. Constitutional Amendment XIV was satisfied because nothing in the line of cases supporting the minimum contacts doctrine supported the proposition that physical presence was itself insufficient to establish jurisdiction.
See also
- List of United States Supreme Court cases, volume 495
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
External links
- Text of decision
- Link to a summary of the case
- Oral argument at the Oyez Project