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

["James S. Tyre" <jstyre(at)jstyre.com>]

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.

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