Petties v. Ackerman CA2/5
B328526
Cal. Ct. App.May 14, 2024Background
- Akisha Petties, a California resident, sought a domestic violence restraining order (DVRO) against her former boyfriend, Andrew Ackerman, a Texas resident.
- Petties alleged Ackerman engaged in extensive online harassment and defamatory conduct targeting her, including creating fake websites and social media accounts bearing her name and posting private images and derogatory statements.
- Ackerman filed a motion to quash service, arguing California had no personal jurisdiction over him as a nonresident with no presumed contacts with the state.
- The trial court denied the motion to quash, found personal jurisdiction, and granted a two-year DVRO prohibiting Ackerman from contacting Petties or posting content about her.
- Ackerman appealed both the denial of his motion to quash for lack of personal jurisdiction and the issuance of the DVRO, arguing also that the order was an unconstitutional prior restraint on speech.
Issues
| Issue | Petties' Argument | Ackerman's Argument | Held |
|---|---|---|---|
| Personal jurisdiction | Ackerman's online conduct purposely targeted CA | He is a Texas resident; no actions directed at CA | CA had specific jurisdiction |
| Sufficiency of appellate record | Substantial evidence supports trial court's findings | No adequate record (e.g., no transcript) to support order | Record presumed sufficient |
| DVRO as prior restraint on speech | Order targets unprotected, abusive conduct | Any speech restriction is unconstitutional | No constitutional violation |
| Abuse under DVPA | Ackerman’s conduct = abuse under DVPA | Conduct was not abuse under California law | Record shows DVPA abuse |
Key Cases Cited
- Calder v. Jones, 465 U.S. 783 (effects test for personal jurisdiction where out-of-state conduct targets forum)
- Walden v. Fiore, 571 U.S. 277 (jurisdiction must arise from defendant’s own contacts with the forum state)
- Balboa Island Village Inn, Inc. v. Lemen, 40 Cal.4th 1141 (injunction may prohibit repetition of judicially determined defamation)
- Aguilar v. Avis Rent A Car System, Inc., 21 Cal.4th 121 (injunctions against discriminatory speech following a determination of unlawful conduct are constitutional)
- In re Marriage of Evilsizor & Sweeney, 237 Cal.App.4th 1416 (DVRO prohibiting dissemination of abuse is not a prior restraint)