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Personal Jurisdiction: 4 ways to get under the Constitution and Two step process
"Consent (implied or express)
2 part test - analyze under constitution and WA long arm statute"
Personal Jurisdiction: Constitutional PJ - Consent
"1. Consent – two types
a. Implied Consent – failure to raise lack of PJ as defense
b. Express Consent – Forum selection clause in K
express appointment of agent for service of process (for corps. Express appt. of agent alone insufficient for consent to PJ"
Personal Jurisdiction: Constitutional PJ - Domicile
PJ over all persons domiciled (residence in WA with intent to stay in WA. Change of domicile requires change of residence and intent to stay in new place)
Personal Jurisdiction: Constitutional PJ - Physical Presence
3. Physical Presence (aka. Transitory or tag J) – PJ based on service of process while D is in WA. Generally this is sufficient to confer PJ except if presence is by force or fraud
Personal Jurisdiction: Constitutional PJ - Minimum Contacts
"used for absent nonresidents and foreign corporations
a. Requires D have certain minimum contacts with the forum such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice
b. D’s contacts must be sufficient in number and quality to show that through contacts. . .
a. Purposeful availment – of benefits
protection
b. Foreseeability – should reasonably foresee being haled into court here
c. Fairness (reasonableness) – “must not offend traditional notions of fair play and substantial justice” balancing test
i. Burden on D of litigating in WA
ii. P’s interest in litigating in WA
iii. WA’s interest in litigation
iv. Interests of other states in litigation
c. Two categories under minimum contacts test
a. General Jurisdiction – Cause of action unrelated to D’s contact with forum state requires systematic and continuous contacts
b. Specific Jurisdiction – cause of action arises from D’s contacts with the forum state
fewer contacts needed (even 1 contact may suffice). Foreign corps that place product into stream of commerce"
Personal Jurisdiction:WA statutory authorization
"1. Persons or property within WA – don’t need to worry about statutory authority
2. WA Long Arm Statute – for persons outside of WA – operates as a limit on PJ over foreign corps and nonresidential D’s served with process outside of WA. PJ will be found over D’s who do any of the following
provided that the cause of action arises from these acts
a. Transaction of any business in WA (business transaction)
b. Commission of a tortuous act in WA (tort)
c. Ownership
use
d. Contracting to insure a person or prop in WA (insure)
e. Intercourse in WA that produces a child (intercourse)
f. Living in a marital relationship in WA (marital relationship)"
Notice: Remember must meet constitutional and WA requirements - what is const. req.
"A. Notice: 14th Amendment Due Process – Requires that D receive “notice reasonably calculated
Notice: Service of process within WA
"must serve summons and copy of complaint (both signed). Must be served by a non-party who is 18 or over or a sheriff or deputy sheriff. Types of service
1. Personal service (individuals
corporations)
i. in hand to D OR
ii. D’s house of usual abode (must leave it with someone of suitable age and discretion that resides there)
iii. D’s usual mailing address (only when D cannot with reasonable diligence be served through one of the above methods).
1. Must leave copy at usual mailing address (other than PO or employers address) with person of suitable age and discretion who is a resident
proprietor or agent of that place AND send a copy by first class mail to D’s usual mailing address
2. For WA corp – must serve in hand to president
registered agent
3. Foreign corp doing business in WA – in-hand service to agent
cashier
2. Publication – very limitied
i. Affidavit – prereq. To using aff. – must state D can’t be located with reasonable diligence and personally served
ii. P’s aff. Must allege one of the following
1. D is a WA resident who left state or is hiding
2. D is a nonres. Foreign corp with prop in WA
3. D is a WA corp. and proper persons to serve can’t be found
4. action involves real or personal prop in WA
5. LAST THREE USUALLY DON’T APPLY ANYMORE BECAUSE LONG ARM STATUTE MANDATES PERSONAL SERVICE FIRST
iii. Notice must be published once per week for 6 consecutive weeks in newspaper of general circulation in the county where the lawsuit is brought and mail copy to D’s last known address
3. Mail – must be authorized by the court. Same req. and affidavit for service by publication
plus
Notice: Service Outside WA
"1. WA long arm statute – Personal service of process outside WA on D’s who committed one of the enumerated acts. It does not permit service by publication or mail. P must file affidavit why service can’t be made. D personally served outside of WA and prevails may be awarded attorney’s fees for extra burden of litigating in WA
2. Nonresident Motorist – Service of process (2 copies) on WA secretay of state
plus copy by registered mail to D’s last known address or personal service outside of WA
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