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What happens in Vegas, stays in Vegas even, if it caused conception!

On Behalf of | Dec 14, 2018 | Civil Procedure, Family Law |

Intimate Sexual Contact Alone Does Not Constitute Minimum Contacts. A California woman conceived a child in Connecticut but filed a paternity and child support suit in California against the father living in Connecticut.  The trial court denied his  man moved to quash service of summons based on lack of personal jurisdiction. The Court of Appeal reversed, holding  the man’s knowledge that the mother resided in California and the foreseeability that unprotected sex may lead to birth of a child were insufficient to establish the requisite minimum contacts. The appellate court explained that jurisdiction must be based upon facts showing a “substantial connection” to California following Walden v. Fiore (2014) 571 U.S. 277, 289.  (David L. v. Superior Court (Cal. App. 4th Dist., Div. 1, Nov. 26, 2018) 2018 Cal. App. LEXIS 1067.)  The father seems to regularly travel to California on business trips, and he and the woman had sex on those trips including a prior pregnancy.  However,  the Court dismissed these as insufficient contacts for the paternity issue.  For more salacious details, which may have influenced the Court, look here … 

The father was a concert promoter, the parties had an on and off relationship for 17 years including a prior miscarriage.  They met in Nebraska 9 months before the woman gave birth.  As pointed out by the Court, the facts are important.  Additional facts in the opinion include that both people were married and committing adultery.  The Court seemed sympathetic to the woman, and the opinion’s reasoning is sound.  But if I were the judge, 17 years of a sexual relationship with unprotected sex, prior pregnancy, etc., I’d make the dude pay!