Froogle

In: Other Topics

Submitted By page3232
Words 258
Pages 2
Mary signs a contract with Froogle to advertise on their website. Mary resides and has a business in Vermont. She has not visited California or did business there. She has only had business with Froogle online and phone calls. Froogle claims Mary has breached her contract and has filed suit in Califonia. Does California have jurisdiction over Mary?
In the case, Bridgestone Corp. v. Superior Court, 99 Cal. App. 4th 767 (Cal. App. 2d Dist. 2002) a non resident that conducts substantial business in another state, then that said state would have jurisdiction. However, based on the information provided we can not confirm that Mary did any substantial business in California. We can only conclude she signed a contract with Froogle to advertise on their search engine.
Also, in Burger King Corp. v Rudzewicz, 471 U.S. 462, 471 (1985), states that even though a contract may have been signed and tied to another state, it needs to have substantial ties to that state. We have information provided to us stating that Mary never visited California. So, the likely conclusion is that the contract was not signed in the state of California. We also can not confirm if Mary reached out to Froogle to advertise or if Froogle approached her.
In conclusion, I do not believe California has jurisdiction over Mary based on the information presented. I do not believe she conducted substantial business in California or have strong ties to the state. I believe that Froogle will have to file within the state that Mary…...

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