ViaView v. RetzlaffAnnotate this Case
McGibney is the CEO of ViaView, which operates the websites BullyVille, CheaterVille, and others. Retzlaff is a critic of the BullyVille and CheaterVille websites. ViaView sought a workplace violence restraining order (Code Civ. Proc. 527.8) against Retzlaff, alleging that Retzlaff had made credible threats of violence against McGibney to be carried out at his workplace. (McGibney works out of his home.) ViaView’s petition described 29 social media postings or emails allegedly authored by Retzlaff, four of which could be construed as containing threats of violence. McGibney reported the alleged threats to the San José Police Department, which recommended he seek a restraining order. Retzlaff, a resident of Texas, moved to quash for lack of personal jurisdiction and filed other motions. The trial court concluded that Retzlaff had made a general appearance when he participated in the litigation, beyond filing the motion to quash, and denied the motion to quash. The court of appeal vacated. The motion should have been granted because under section 418.10(e), a party who moves to quash may, concurrently with or after filing that motion, participate in the litigation and “no act” by the party constitutes an appearance until the proceedings on the motion to quash are finally decided adversely to that party.