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Re: [dvd-discuss] Matt Pavlovich WINS in Cal. Supreme Court

At 02:33 PM 11/25/2002 -0800, Michael A Rolenz wrote:

It's a win but not a WIN as you point out...

From the Judgement:

"In addition, we are not confronted with a situation where the plaintiff has
no other forum to pursue its claims and therefore do not address that situation.
DVD CCA has the ability and resources to pursue Pavlovich in another forum
such as Indiana or Texas. Our decision today does not foreclose it from doing so.
Pavlovich may still face the music-just not in California."

So what?  That is an absolutely correct statement.  On a personal jurisdiction motion, the court can decide one issue, and one issue only: whether under the facts and law personal jurisdiction is proper in the specific forum.  No California court, including the California Supreme Court, can decide if jurisdiction over Matt would be proper in any non-California forum; nor can the court decide the merits of the case.

The dissent may - or may not - foreshadow what the same court's decision will be when it decides the _Bunner_ portion of the case, but that was not today's issue.

James S. Tyre                               mailto:jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net