DeVenzeio v. Rucker, Clarkson & McCashin

918 P.2d 723, 121 N.M. 807
CourtNew Mexico Court of Appeals
DecidedApril 12, 1996
Docket16458
StatusPublished
Cited by7 cases

This text of 918 P.2d 723 (DeVenzeio v. Rucker, Clarkson & McCashin) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeVenzeio v. Rucker, Clarkson & McCashin, 918 P.2d 723, 121 N.M. 807 (N.M. Ct. App. 1996).

Opinion

OPINION

PICKARD, Judge.

1. This case calls upon us to decide questions of our courts’ personal jurisdiction over out-of-state attorneys who were retained by New Mexico residents in California to conduct litigation pending in that state. We hold that the district court properly dismissed the complaint.

2. Appellants, Sandy and Mike DeVenzeio (the DeVenzeios), are New Mexico residents. In 1991, they were involved in litigation in California and Arizona courts. The DeVenzeios hired Appellees Charles Rucker and the California law firm of Rucker & Clarkson, now known as Rucker, Clarkson & McCashin (collectively, Rucker) to represent them in the California and Arizona matters.

3. The DeVenzeios’ first attorneys, who were also from California, were disqualified from representing them in the California matter and referred the DeVenzeios to Ruck-er. The DeVenzeios contacted Rucker at his law offices in Los Angeles and met with him two to three times in Los Angeles prior to retaining him as their lawyer. The fee agreement between the DeVenzeios and Rucker provided that the agreement was entered into in California and specified that its terms would be interpreted according to California law. According to the fee agreement, any dispute arising from Rucker’s representation of the DeVenzeios was to be handled through binding arbitration in California.

4. Rucker has never resided in New Mexico or been licensed to practice law in New Mexico. Rucker owns no property in New Mexico, has no offices in New Mexico, and has no business interests in New Mexico. Rucker has never had agents or employees in New Mexico, and has never advertised or solicited clients in New Mexico; nor has Rucker ever been listed in a New Mexico telephone directory. It is undisputed that Rucker’s representation of the DeVenzeios took place entirely in California except for one trip to Arizona by an associate who appeared as co-counsel in the Arizona litigation. Rucker performed all services on the DeVenzeios’ behalf in California and Arizona. Rucker’s only contacts with New Mexico were through numerous telephone calls and letters directed to the DeVenzeios at their home in New Mexico to inform them of the progress of the litigation.

5. The California litigation was concluded in 1993. However, the DeVenzeios were disenchanted with Rucker’s legal representation. In August 1994, they filed this lawsuit against Rucker in district court in New Mexico, alleging legal malpractice, breach of good faith, and deceit. This first complaint resulted in a default judgment against Rucker in September 1994, which was vacated by agreement of the parties. The DeVenzeios filed an amended complaint in November 1994. The district court granted Rucker’s motion to dismiss for lack of personal jurisdiction in April 1995. The DeVenzeios appeal the dismissal. We affirm.

6. On appeal, the DeVenzeios claim that Rucker reached into New Mexico and committed tortious acts via interstate communications when he allegedly made deceitful, fraudulent misrepresentations in letters and telephone calls to them in New Mexico. They maintain that they would not have hired Rucker to represent them in the California and Arizona matters if Rucker had told them about his past corrupt legal practices. The gravamen of their tort claim is that Rucker wrongfully induced them to hire him in California and caused them to lose money in New Mexico and valuable legal rights in California by using the mails, fax, and telephone to make fraudulent misrepresentations about their claims and his services.

7. We examine Rucker’s actions visa-vis the DeVenzeios in the light of New Mexico’s long-arm statute and constitutional due process principles. New Mexico’s long-arm statute provides in pertinent part:

A. Any person, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts enumerated in this subsection thereby submits himself or his personal representative to the jurisdiction of the courts of this state as to any cause of action arising from:
(1) the transaction of any business within this state;
(3) the commission of a tortious act within this state[.]

NMSA 1978, § 38-l-16(A) (Repl.Pamp.1987). In United Nuclear Corp. v. General Atomic Co., our Supreme Court held that New Mexico’s long-arm statute extends the reach of New Mexico courts as far as constitutionally permissible. 91 N.M. 41, 42, 570 P.2d 305, 306 (1977).

8. The constitutional standard requires that before a nonresident defendant may be sued in a forum state, the defendant must have sufficient minimum contacts with the forum state so that permitting the action will not violate “traditional concept[s] of fair play and substantial justice.” International Shoe Co. v. Washington, 326 U.S. 310, 320, 66 S.Ct. 154, 160, 90 L.Ed. 95 (1945). A defendant will be found to have sufficient minimum contacts to satisfy due process where the defendant has a connection with the forum state and has acted in the state in such a manner that the defendant “should reasonably anticipate being haled into court there.” World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490 (1980). “[I]t is essential in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum [s]tate[.]” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283 (1958).

9. New Mexico case law has distilled these statutory and constitutional imperatives into a three-part test, which must be satisfied before a New Mexico court may exercise personal jurisdiction over a nonresident defendant such as Rucker. Salas v. Homestake Enters., Inc., 106 N.M. 344, 345, 742 P.2d 1049, 1050 (1987). First, the defendant’s alleged acts must fall into a category that is specifically enumerated in the New Mexico long-arm statute. Id. Second, the cause of action asserted by the plaintiff must arise from and concern the defendant’s conduct. Id. Finally, there must be sufficient minimum contacts between the defendant and the state of New Mexico to satisfy due process concerns. Id.; see also F.D.I.C. v. Hiatt, 117 N.M. 461, 463, 872 P.2d 879, 881 (1994). The purposeful availment test of Hanson has been identified by New Mexico courts as the focus of a minimum-contacts analysis. Hiatt, 117 N.M. at 464, 872 P.2d at 882; State Farm Mut. Ins. Co. v. Conyers, 109 N.M. 243, 245, 784 P.2d 986, 988 (1989). We examine the facts of this case to see whether Rucker purposefully availed himself of the privilege of conducting activities in New Mexico, thereby invoking the benefits and protections of New Mexico law. See Sher v. Johnson, 911 F.2d 1357, 1363 (9th Cir.1990) (analyzing a similar question under similar fact pattern).

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Bluebook (online)
918 P.2d 723, 121 N.M. 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devenzeio-v-rucker-clarkson-mccashin-nmctapp-1996.