Sex on the beach: CA courts determine jurisdiction in sexual assault case

California’s jurisdiction law is called a “longer arm statute” because it confers to its court’s jurisdiction as broadly as the California and United States Supreme Courts will allow. As taught in this case, that requires either specific jurisdiction over the facts alleged in the complaint or general jurisdiction over the party being dragged into court. But is it broad enough to give a California court jurisdiction over an alleged sexual assault that took place in Miami Beach, Florida?

Long arm of the law

Before a court can consider any question in a lawsuit, it must first determine whether it has jurisdiction over the subject matter—and jurisdiction over the person being sued. California courts clearly have personal jurisdiction over a California resident. But to exercise jurisdiction over a non-resident, a complaint has to show either special or general jurisdiction.

Special jurisdiction generally means there’s some connection between the claims made and California. General jurisdiction means there’s sufficient connection between the defendant and California. Because a fight about jurisdiction comes before any other matter is reached, the operative facts in the complaint are generally assumed to be true.

Venture capitalists descend