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Goodwine v. Superior Court

Goodwine v. Superior Court

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Published by: alsb2012 on Nov 21, 2010
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11/21/2010

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Supreme Court of California, In Bank.Marjorie E. GOODWINE, Petitioner,v. The SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent;Don F. GOODWINE, Real Party in Interest.
L.a. 28464.
Nov. 4, 1965.Wife's separate maintenance action against husband who was domiciliary of Mexico. The Superior Court, LosAngeles County, Roger Alton Pfaff, J., dismissed the action for lack of jurisdiction. The wife then filed petition forwrit of mandate to compel the trial court to vacate its order dismissing the action. The Supreme Court, Traynor,C. J., held that jurisdiction does not depend on domicile but on acquiring personal jurisdiction over the husbandor quasi-in-rem jurisdiction over his property. The court further held that a defendant should be allowed to pointout lack of subject matter jurisdiction without making a general appearance. The court also determined thatsince the trial court had jurisdiction of the subject matter, it should consider the applicability of the doctrine of forum non conveniens.Peremptory writ issued.Opinion,43 Cal.Rptr. 401, vacated. West Headnotes
[1]Husband and Wife 205
 
289
205Husband and Wife 205VIIISeparation and Separate Maintenance 205k285Actions for Separate Maintenance 205k289k. Jurisdiction and Venue.Most Cited Cases   Trial court had wide quasi-in rem jurisdiction in wife's action against husband for separate maintenance, byvirtue of writ of attachment levied on husband's realty in the county.
[2]Divorce 134 62(1)
134Divorce 134IVProceedings 134IV(A)Jurisdiction 134k58Jurisdiction of Cause of Action 134k62Domicile or Residence of Parties 134k62(1)k. In General. Most Cited Cases  In an action for divorce, domicile is dispositive, and domicile of one spouse within state gives power to state todissolve marriage wheresoever contracted.
[3]Divorce 134 65
134Divorce 134IVProceedings 134IV(A)Jurisdiction 134k65k. Jurisdiction of the Person. Most Cited Cases  (Formerly 134k5)A state has power to grant an ex parte divorce to domiciliary wife without personal jurisdiction over husband orquasi-in-rem jurisdiction over his property.
[4]Husband and Wife 205
 
289
205Husband and Wife 205VIIISeparation and Separate Maintenance 205k285Actions for Separate Maintenance 205k289k. Jurisdiction and Venue.Most Cited Cases  1
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Goodwine v. Superior Court of California
 
In an action for separate maintenance domicile is neither sufficient nor necessary for jurisdiction; jurisdictiondepends on acquiring personal jurisdiction over husband or quasi-in rem jurisdiction over his property; oncequasi-in rem jurisdiction is established, the court can award a money judgment to extent of husband's interest inthe property attached.West's Ann.Code Civ.Proc. § 537.
[5]Husband and Wife 205
 
286
205Husband and Wife 205VIIISeparation and Separate Maintenance 205k285Actions for Separate Maintenance 205k286k. Nature and Form. Most Cited Cases  An action for separate maintenance is essentially an action for support, seeking a money judgment against thehusband.
[6]Husband and Wife 205
 
289
205Husband and Wife 205VIIISeparation and Separate Maintenance 205k285Actions for Separate Maintenance 205k289k. Jurisdiction and Venue.Most Cited Cases   The residence requirements applicable to plaintiff in divorce actions are inapplicable in actions for separatemaintenance.West's Ann.Civ.Code, § 128.
[7]Husband and Wife 205 285.2
205Husband and Wife 205VIIISeparation and Separate Maintenance 205k285Actions for Separate Maintenance 205k285.2k. Right of Action.Most Cited Cases  (Formerly 205k2851/2, 205k285)In wife's action against nonresident husband for separate maintenance, the court will not necessarily apply thesubstantive law of the forum under the applicable conflict of laws rules.
[8]Appearance 31 9(4)
31Appearance 31k7Proceedings Constituting Appearance 31k9General or Special Appearance 31k9(4)k. Filing Plea, Answer, or Demurrer.Most Cited Cases 
Appearance 31 9(6)
31Appearance 31k7Proceedings Constituting Appearance 31k9General or Special Appearance 31k9(6)k. Petition for Removal to Federal Court. Most Cited Cases  (Formerly 31k9(5))An answer, a demurrer, and a motion to strike constitute a “general appearance,” since a court does not decidequestions raised by such pleadings at behest of persons over whom it has no jurisdiction.West's Ann.Code Civ.Proc. § 1014.
[9]Pretrial Procedure 307A 671.1
307APretrial Procedure 307AIIIDismissal 307AIII(B)Involuntary Dismissal 307AIII(B)6 Proceedings and Effect  307Ak671Nature and Form of Proceeding
 
 307Ak671.1k. In General.Most Cited Cases  (Formerly 307Ak671, 128k51 Dismissal and Nonsuit)A court need not have jurisdiction over the person to dismiss for lack of subject matter jurisdiction.
[10]Pretrial Procedure 307A 671.1
307APretrial Procedure 307AIIIDismissal 307AIII(B)Involuntary Dismissal 307AIII(B)6 Proceedings and Effect  307Ak671Nature and Form of Proceeding 307Ak671.1k. In General.Most Cited Cases  (Formerly 307Ak671, 307Ak674, 128k65 Dismissal and Nonsuit)A court on its own motion must dismiss for lack of subject matter jurisdiction.
[11]Courts 106 37(3)
106Courts 106I Nature, Extent, and Exercise of Jurisdiction in General  106k37Waiver of Objections 106k37(3)k. Estoppel Arising from Submitting to or Invoking Jurisdiction.Most Cited Cases  A challenge to the subject matter jurisdiction of court is not inconsistent with a challenge to personal jurisdiction.
[12]Appearance 31 9(2)
31Appearance 31k7Proceedings Constituting Appearance 31k9General or Special Appearance 31k9(2)k. Objections to Jurisdiction in General.Most Cited Cases  A defendant should be allowed to point out lack of subject matter jurisdiction without making a generalappearance; overruling  Judson v. Superior Court, 21 Cal. 2d 11, 129 P.2d 361.
[13]Courts 106
 
28
106Courts 106I Nature, Extent, and Exercise of Jurisdiction in General  106k28k. Discretion as to Exercise; Forum Non Conveniens.Most Cited Cases   The doctrine of forum non conveniens is accepted in California and applies to actions for support.
[14]Courts 106 28
106Courts 106I Nature, Extent, and Exercise of Jurisdiction in General  106k28k. Discretion as to Exercise; Forum Non Conveniens.Most Cited Cases  In determining applicability of doctrine of forum non conveniens, the court must consider the public interest aswell as the private interests of the litigants; the court must consider such factors as ease of access of proof,availability and cost of obtaining witnesses, possibility of harassment of defendant in litigating in aninconvenient forum, enforcibility of judgment, and burden on community in litigating matters of local concernand desirability of litigating local matters in local courts.
[15]Courts 106 28
106Courts 106I Nature, Extent, and Exercise of Jurisdiction in General  106k28k. Discretion as to Exercise; Forum Non Conveniens.Most Cited Cases  In separate maintenance action against husband who was domiciliary of Mexico, determination that wife wasdomiciled in California would ordinarily preclude granting husband's motion for dismissal on ground of forum3
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Goodwine v. Superior Court of California

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