Opinion
No. A161078.
11-09-2021
JANE DOE, Plaintiff and Appellant, v. SCOTT DAMRON, Defendant and Respondent.
[Modification of opinion (70 Cal.App.5th 684; ___ Cal.Rptr.3d ___).]
THE COURT.—Pursuant to California Rules of Court, rule 8.264(c)(1), the opinion filed on October 20, 2021, shall be modified as follows:
1. On page 8, in Discussion B.3. [70 Cal.App.5th 692, advance report, following 2d full par.], a new paragraph is inserted immediately following the first paragraph in that part as follows:
This inquiry calls for a weighing of interests. (Burger King, supra, 471 U.S. at pp. 476-477.) Relevant interests include, among others, the forum state's interest in adjudicating the case, the plaintiff's interest in obtaining convenient and effective relief, and the burden on the defendant of appearing in the forum. (Id. at p. 477.)
2. On page 8, the very next paragraph (now the third paragraph in Discussion B.3. [70 Cal.App.5th 692, advance report, 3d full par.]; previously the second paragraph in that part) is modified as follows:
i. The word "First" is deleted so that the paragraph now begins with the word "Damron." [70 Cal.App.5th 692, advance report, 3d full par., line 1].
ii. The first parenthetical citation in the paragraph [70 Cal.App.5th 692, advance report, 3d full par., lines 3-5], (See Keeton v. Hustler Magazine (1984) 465 U.S. 770, 776-777 [79 L.Ed.2d 790, 104 S.Ct. 1473] (Keeton) [state interests are relevant to the reasonableness of jurisdiction].), is deleted.
iii. The second parenthetical citation at the end of the paragraph [70 Cal.App.5th 692, advance report, 3d full par., lines 10-11] is modified from (Id. at p. 776; see also Rest.2d, Conf. of Laws, § 36, comment (c).) to (Keeton v. Hustler Magazine (1984) 465 U.S. 770, 776 [79 L.Ed.2d 790, 104 S.Ct. 1473] (Keeton); see also Rest.2d, Conf. of Laws, § 36, comment (c).).
3. On page 9, paragraph 1 [70 Cal.App.5th 692, advance report, last partial par., going to page 693] is modified as follows:
i. The word "Second" is deleted so that the paragraph now begins with the word "Contrary." [70 Cal.App.5th 692, advance report, last partial par., line 1].
ii. A new sentence [70 Cal.App.5th 693, advance report, 1st par., last line] is added to the end of the paragraph as follows:
California's interests weigh in favor of jurisdiction.
4. On page 10 [70 Cal.App.5th 693, advance report, 2d full par.], the second-to-last paragraph of Discussion B.3. is modified as follows:
i. The following sentence [70 Cal.App.5th 693, advance report, 2d full par., 2d to last line] is added immediately prior to the sentence "Damron has not made a compelling case that a California forum is unreasonable":
The interests here are a mixed bag, but none weighs strongly against jurisdiction.
ii. Finally, at the very end of the paragraph [70 Cal.App.5th 693, advance report, 2d full par., last line], a parenthetical citation is added: (Burger King, supra, 471 U.S. at p. 478.)
The modification effects no change in the judgment.