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Newman v. VRL International5/16/2005
defendant reasonable.' [Citations.]
"Ryans clearly availed itself of the privilege of acting in Ohio. Its intervention in the lawsuit between Chur and Halsted Arabians was voluntary; it was not legally compelled to appear in Ohio. It hired an Ohio law firm to do legal work in Ohio. This work was done at Ryans' request and for its benefit. The participation of Ryans and Vorys in settlement negotiations in Ohio further supports the conclusion the Ryan Group was transacting business there.
"To justify personal jurisdiction, a plaintiff need not show multiple transactions by defendant within a forum state; a single transaction of business within the state may constitute sufficient contact. [Citations.] Ryans' contract for legal services was sufficiently connected with Ohio so that Ohio's exercise of personal jurisdiction was reasonable. [Citation.]
"No California case has considered whether retaining an attorney in another state gives that state personal jurisdiction in subsequent disputes over attorneys' fees. Most reported cases from other states uphold the exercise of personal jurisdiction. [Citations.] We reach the same conclusion here."
(Vorys, Sater, Seymour & Pease v. Ryan, supra, 154 Cal.App.3d at pp. 93- 95, italics added.)
Applying the three-part test referenced in Vorys to the uncontradicted facts here, we have no problem reaching the conclusion that specific jurisdiction exists for resolution of appellant's claim for attorney fees against respondent.
First, respondent authorized the retention of appellant to represent it in the Cuenllas action. Appellant successfully represented respondent, invoking the benefits and protections of California law on respondent's behalf. We discern no ultimate significance in the fact that the clients in Vorys voluntarily intervened in the Ohio case, while here respondent voluntarily appeared to exonerate itself from jurisdiction of the California courts. As the facts and discussion in Vorys indicate, respondent could have allowed a default judgment to be entered in California and later challenged jurisdiction when Cuenllas sought to enforce the judgment in a forum having jurisdiction over respondent. It did not do so. Instead, it elected to seek relief in the California courts, authorized the retention of appellant, and cooperated with appellant in obtaining the relief sought.
Second, appellant's claim is for attorney fees in connection with appellant's successful representation of respondent in the Cuenllas action. It thus arises out of the results from respondent's forum related activity.
Third, it is reasonable to recognize limited jurisdiction under the circumstances. "A state may exercise specific jurisdiction over a nonresident who purposefully avails himself or herself of forum benefits, because the state has `a "manifest interest" in providing its residents with a convenient forum for redressing injuries inflicted by out-of-state actors. [Citation.]'" (Vons Companies, Inc. v. Seabest Foods, Inc., supra, 14 Cal.4th at p. 447.)
Appellant is a California law firm which provided valuable legal assistance to respondent. It would be unjust to allow an out-of-state corporation, even one which does not have adequate contacts with the state for establishment of general jurisdiction, to authorize retention of the California firm and then avoid paying the firm fees it claims due for activities undertaken on the corporation's behalf in California.
DISPOSITION
The order granting the motion to quash is reversed. The matter is remanded to the trial court with directions to deny the motion and recognize limited jurisdiction over re
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