Tuesday, February 26, 2019
Froogle V. Mary Ccp 410.10
germane(predicate) Facts Our Client, Froogle (Froogle) has retained our firm to file suit againt Mary, a small manufacturer and retailer of downhill snow skis. Froogle and Mary signed an parallelism in January of 2012. On or about March 15, 2012 Froogle discovered that Mary had giveed some(prenominal) of the terms of their agreement. We filed suit in Superior Court for the County of Monterey in Salinas, calcium on behalf of Froogle on May 31,2012.Mary, a occupier of Vermont, responded by file a motion for non-conveniens claiming that because her business and residence are in Vermont, calcium has no legal power over her. Mary violated the terms of her agreement and should be brought to answer for her actions in a calcium romance of law, as Froogles main place of business is Salinas, atomic number 20. Issue Presented The issue is whether or not Froogle has jurisdiction over Mary who is an out of state resident and business owner.Applicable Law Under the atomic number 20 Code of Civil surgery A speak to of this state whitethorn exercise jurisdiction on any basis not in concordant with the Constitution of this state or of the United States. CCP 410. 10 Also known as Californias Long Arm Statue the law provides that the use is usually constitutional where the suspect has certain minimum contacts with the forum state and there has been reasonable chance upon of the action against him or her. (Cite)Additionally, down the stairs the ruling Any individual may maintain an action or proceeding in a court of this state against a foreign spate or nonresident person where the action or proceeding arises out of or relates to any contract, agreement, or undertaking for which a choice of California law has been made in whole or in part by the parties thereto and which (a) is a contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the entireness not less than one million dollars ($1,000,000), and (b) contains a provi sion or provisions under which the foreign familiarity or nonresident agrees to chisel in to the jurisdiction of the courts of this state. In 9th Circuit Court of Appeals Gator. com Corp. , plaintiff-appellant, v. L. L. Bean, Inc. , Defendant, appelee, L. L. Bean had an internet compose and mail order site or a virtual introduce. Court held that LL Beans marketing and retail activities and virtual store created a consistent and substantial pattern of business relations in California, sufficient to chatter personal jurisdiction over the Maine-based company Gator. In Pavlovich v.Superior Court, the court communicate the issue of internet and jurisdiction holding that the Internet, as a method of communication and a system of randomness delivery is new, but the rules government the protection of property rights, and how that protection may be enforced under the new technology, need not be. 2001 Cal. App. LEXIS 623 (Cal. Ct. App. August 7, 2001) However, in Zippo Mfg. Co. v. Zippo Dot Com, Inc. , the court determined that A passive website that does little more than make information unattached is not generally grounds for the exercise of personal jurisdiction. It therefore goes on to say that The middle ground is occupied by the interactional websites where a user dope exchange information with the host computer.(Zippo hear subjects) 957 F. Supp. 1119 (W. D. Pa. 1997). The middle ground definition cited above is key in Froogles teddy because Froogle was not simply a passive website. Users were able to finish off on the Froogle store and count for items. The store then quoted pricing and direct the user to the suspects website or alternatively they could purchase done Froogle, using their credit card or other financing available and Froogle would forward the order to the suspect to fulfill the order. In Frank Snowney v. Harrahs the complainant reserved a room by telephone from his California residence. He was told that the room would cost $5 0/night plus tax.When he acquit the bill he paid a $3 energy surcharge. Plaintiff filed a class action against Harrahs alleging they charged him and other guests more than the publicise price. The suspects filed a motion to quash for lack of personal jurisdiction, rivalry that they were incorporated and based out of Nevada, they conducted no business in California and had no bank accounts in California. The plaintiff submitted that the defendants 1-advertised extensively to California residents through billboards in California, newspapers and radio & television 2) maintained an interactive website that accepted reservations from California residents. The Court concluded that defendants had sufficient contacts in California to justify jurisdiction in the state. 116 Cal. App. 4th 996, (2004). Application to Our Case Froogle is a California union with home offices in Salinas, California. Froogles contract was signed by the defendant and the defendant was well aware of Froogles l ocation. Froogles software was actual in California and their servers are all located in unhomogeneous parts of California Froogle is clearly a California product. As the defendant used online transactions through Froogles site to set up their account and perform other implementation functions it can be intimately argued that this was a California based transaction.Further to this, the defendant benefitted from Froogles high profile in California, expanding their customer base throughout the state and thus increase their sales. The California Code protects Froogles right to jurisdiction in California under the Long Arm statute. Although there are rare share where this can be overturned, the statute provides the ability for a California corporation that has entered under a contract or similar document with a non-resident partner to gain jurisdiction over that entity should breach of that contract occur. The Snowney case more than implies that if one enters into an agreement wit h a California entity, and a breach or other violation of the agreement occurs, the parties will more than apt(predicate) be bringing their action to a California court.The reservation can certainly be interpreted to be a contract as it binds both parties to an obligation and by acceptance of the terms of a reservation, the parties have entered into an agreement or contract. Froogle has the right as a California corporation to file their action in the state of California. The defendant knew it was entering into a contract with a California corporation based out of Salinas, CA. The defendant chose the website due to its power in the retail internet market. It also took payoff of the plaintiffs website store which brought leads to the defendants store from prospective customers. The defendants business benefitted greatly from its presence in the plaintiffs search engine and webstore. The defendant has no right to jurisdiction in this case and this proceeding should continue in Calif ornia.