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.
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.
Goodwine v. Superior Court of California