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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

Subject matter jurisdiction is the power of the court to hear and determine the cause before it and to fashion a remedy in the substantive law.

Personal jurisdiction is the court’s authority to make orders that affect a person or his or her property. Personal jurisdiction relates to concepts of due process, namely notice of the suit and the opportunity to be heard. Personal jurisdiction is obtained over a person generally through person service but can be obtained through other means, if necessary and the circumstances require and allow for alternate service of process. In the US Supreme Court case of Burnham v. County of Marin, the court held that personal jurisdiction is obtained when a nonresident is served in the state, even if that person does not have the constitutionally-required “minimum contacts” with that state.

As to jurisdiction over property, or in rem jurisdiction, “a court only has jurisdiction over real property that is situated within its borders. . . If it is no possible to divide real property in another state with a California court order, States cannot make orders that change other states’ rules. To make an order that deals with real property in another state, the court may: (1) require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary or (2) award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken.”

(LW Greenberg, California Family Law.)

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