Pavlovich v. Superior Court (DVD Copy Control Association, Real Party in Interest)

29 Cal.4th 262, 58 P.3d 2 (2002)

Yeazell, FEDERAL RULES OF CIVIL PROCEDURE at 381 (2003).

Facts: Pavlovich worked on defeating DVD copy protection and put up a web page with information about the DeCSS program. DVD CCA brought suit against Pavlovich in California alleging that the defendant had “misappropriated its trade secrets”. The defendant moved to quash service based on a lack of personal jurisdiction in California. The Court of Appeal found that California had jurisdiction, and the defendant appealed.

Issue: Does California have specific jurisdiction over Pavlovich based on the web page he posted?

Rule: In order for a state to exercise specific jurisdiction over a foreign defendant, it must show that the defendant has minimum contacts related to the claim such that fair play is not offended.

Analysis:

Conclusion: The court reversed the appellate court’s decision, finding that California had no personal jurisdiction over the defendant.

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