MacNeil v. Trambert

932 N.E.2d 441, 401 Ill. App. 3d 1077, 342 Ill. Dec. 314, 2010 Ill. App. LEXIS 504
CourtAppellate Court of Illinois
DecidedJune 3, 2010
Docket2-09-0873 Rel
StatusPublished
Cited by28 cases

This text of 932 N.E.2d 441 (MacNeil v. Trambert) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacNeil v. Trambert, 932 N.E.2d 441, 401 Ill. App. 3d 1077, 342 Ill. Dec. 314, 2010 Ill. App. LEXIS 504 (Ill. Ct. App. 2010).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Plaintiff, David E MacNeil, appeals the trial court’s dismissal of his complaint against defendant, Dr. Michael Trambert, pursuant to sections 2- — 301 and 2 — 619(a)(1) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 301, 2 — 619(a)(1) (West 2008)), for lack of in personam jurisdiction. On appeal, MacNeil argues that the trial court erred in finding that section 2 — 209(a) of the Code (735 ILCS 5/2 — 209(a) (West 2008)) does not confer personal jurisdiction over Trambert. We affirm.

In November 2008, Trambert listed a 2007 Toyota Land Cruiser (the vehicle) for sale on the Internet Web site, eBay. On November 27, the auction of the vehicle ended and Trambert was notified by e-mail that MacNeil was the successful bidder. The terms of the eBay contract included a “Shipping” clause, which read “Buyer responsible for vehicle pick-up or shipping.” The contract also indicated “Santa Barbara, CA, United States” as the “Item location.” On December 3, MacNeil communicated with Trambert by e-mail, informing him that a cashier’s check drawn on an Illinois bank was being sent via FedEx to MacNeil’s agent in California. In the same e-mail, MacNeil requested a bill of sale made to “142 High Country LLC, Telluride, CO 81435.”

On December 5, 2008, MacNeil and Trambert communicated via e-mail regarding the mileage on the vehicle. On December 8, MacNeil’s agent inspected the vehicle in California and accepted delivery. During the inspection, MacNeil was on the telephone with his agent. On the same day, Trambert delivered title and possession of the vehicle to MacNeil’s agent in return for full payment delivered by the agent. At MacNeil’s direction, his agent delivered the vehicle to Colorado a short time later. On December 27, Trambert received an e-mail from MacNeil indicating that the vehicle had been delivered to Telluride, Colorado.

MacNeil paid a total of $38,100 for the vehicle. When MacNeil personally inspected the vehicle, he discovered that it did not have a satellite radio or DVD screens in the headrests.

On February 9, 2009, MacNeil, an Illinois resident, filed a complaint in small-claims court in Du Page County, Illinois, claiming breach of contract in that the eBay description of the vehicle stated that it had DVD screens in the headrests of the front seats and a satellite radio system. MacNeil alleged that the cost of the two items was $2,546. On April 24, 2009, Trambert filed a motion to dismiss the complaint, pursuant to sections 2 — 301 and 2 — 619(a)(1) of the Code (735 ILCS 5/2 — 301, 2 — 619(a)(1) (West 2008)), alleging that the trial court lacked personal jurisdiction over him. Trambert argued that he did not have the necessary minimum contacts with Illinois to support the court’s exercise of personal jurisdiction.

On July 28, 2009, the trial court granted Trambert’s motion to dismiss, finding that “the mere formation of an on-line contract in the defendant’s limited e-mail and telephonic correspondence with the Illinois plaintiff regarding that contract *** are by themselves insufficient to establish minimum contacts with Illinois, and the defendant did not purposely direct any eBay sales *** specifically toward Illinois residents or use Ebay to establish the regular business in Illinois.” The trial court also found that the “Effects Doctrine cannot serve as a basis for jurisdiction because analysis only applies to intentional tort [sic]” and not to the breach-of-contract action.

Plaintiff timely appealed the trial court’s order granting Trambert’s motion to dismiss.

ANALYSIS

Initially, we note that although Trambert has not filed an appellee’s brief, the record is short and we may decide the merits of the appeal under the principles set forth in First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (1976). See People v. Cosby, 231 Ill. 2d 262, 285 (2008).

The issue raised on appeal is whether the trial court erred in concluding that it did not have personal jurisdiction over Trambert pursuant to section 2 — 209(a) of the Code (735 ILCS 5/2 — 209(a) (West 2008)). MacNeil asserts that personal jurisdiction over Trambert is proper because Trambert transacted business in Illinois and entered into a contract substantially connected with Illinois.

A plaintiff has the burden of establishing a prima facie case for jurisdiction when seeking jurisdiction over a nonresident defendant. Bolger v. Nautica International, Inc., 369 Ill. App. 3d 947, 949 (2007). When, as here, the trial court decides the issue of personal jurisdiction based solely on documentary evidence, our standard of review is de novo. Bolger, 369 Ill. App. 3d at 949-50, citing Keller v. Henderson, 359 Ill. App. 3d 605, 611 (2005). A reviewing court addressing a challenge to personal jurisdiction must resolve in favor of the plaintiff any conflicts in the pleadings and affidavits (Khan v. Van Remmen, Inc., 325 Ill. App. 3d 49, 56 (2001)); however, a plaintiffs prima facie case for jurisdiction can be overcome by a defendant’s uncontroverted evidence that defeats jurisdiction. Keller, 359 Ill. App. 3d at 611. If we decide that a plaintiff has made a prima facie case for jurisdiction over a defendant, we must then determine if a material evidentiary conflict exists. Viktron Ltd. Partnership v. Program Data, Inc., 326 Ill. App. 3d 111, 116 (2001). If a material conflict does exist, then we must remand the cause to the trial court for an evidentiary proceeding. Viktron Ltd. Partnership, 326 Ill. App. 3d at 116.

Section 2 — 209(c) of the Code provides that a court may exercise jurisdiction on any basis consistent with the Illinois Constitution and the United States Constitution. 735 ILCS 5/2 — 209(c) (West 2008). In other words, section 2 — 209(c) of the Code is coextensive with the due process requirements of the Illinois and United States Constitutions and, therefore, provides an independent basis for a court to exercise jurisdiction. Kostal v. Pinkus Dermatopathology Laboratory, P.C., 357 Ill. App. 3d 381, 387 (2005). Accordingly, our analysis will focus on whether MacNeil has established that federal and Illinois due process requirements have been met. Keller, 359 Ill. App. 3d at 612 (stating that, because section 2 — 209(c) of the Code and due process requirements are coextensive, it is “wholly unnecessary” for a court to consider whether a defendant performed any of the acts enumerated in the Code).

For personal jurisdiction to satisfy federal due process requirements, a defendant must have minimum contacts with the forum state so that maintaining suit there would not offend “ 1 “traditional notions of fair play and substantial justice.” ’ ” Spartan Motors, Inc. v. Lube Power, Inc., 337 Ill. App. 3d 556, 560 (2003), quoting International Shoe Co. v. Washington, 326 U.S. 310, 316, 90 L. Ed. 95, 102, 66 S. Ct. 154, 158 (1945), quoting Milliken v.

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Bluebook (online)
932 N.E.2d 441, 401 Ill. App. 3d 1077, 342 Ill. Dec. 314, 2010 Ill. App. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macneil-v-trambert-illappct-2010.