Is compliance with service of process essential to establish personal jurisdiction over a defendant?

California, United States of America


The following excerpt is from Floveyor Internat., Ltd. v. Superior Court, 59 Cal.App.4th 789, 69 Cal.Rptr.2d 457 (Cal. App. 1997):

The trial court's conclusion is erroneous. "In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction over a defendant. When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service." (Dill v. Berquist

Page 460

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