Burnham V. Superior Court of California - Procedural and Factual History

Procedural and Factual History

Dennis and Francie Burnham, a married couple residing in New Jersey, decided to divorce. Francie moved to California with the couple's two children. The following year, Francie filed an action for divorce in California Superior Court. Dennis was served with the summons when he travelled to California to handle an unrelated business matter and visit his children.

Dennis filed a "special appearance" in the California court and moved to quash the service of process. He argued that he was a non-resident of California and had no connection with California sufficient to establish personal jurisdiction over him consistent with the Due Process Clause of the Fourteenth Amendment. After the Superior Court denied Dennis's request to quash service, Dennis sought a writ of mandamus from California Court of Appeal, which also denied relief, as did the California Supreme Court. Dennis then sought review from the United States Supreme Court, which granted certiorari to address the continued validity of transient jurisdiction in light of recent developments in the law of personal jurisdiction.