Don thus hires a lawyer to represent his interests in this case. Don's lawyer decides to answer the complaint. After raising the substantive issues on the merits that Pete assumed the risk and was contributorily negligent, Don further alleges in the answer that the court does not have jurisdiction. Pete's lawyer replies that state law requires a defendant to make a special appearance for the purpose of attacking jurisdiction prior to filing an answer to the complaint. See File below .
Jurisdiction is founded on diversity of citizenship and amount.
Pete is a citizen of California and Don is a citizen of Arizona. A nonresident may be sued in California state courts if he or she has operated a vehicle or caused a vehicle to be operated in this state resulting in an accident which produces physical harm. The courts of this state may exercise jurisdiction on any basis not inconsistent with the United States Constitution. After vacationing in Arizona, he is returning on Interstate 8. At the last gas station in Arizona before reaching the California state line, he stops for gas and notices that his tire is leaking.