Opposing a motion to quash for lack of jurisdiction in California is the topic of this blog post.
Any documents opposing a motion to quash for lack of jurisdiction in California should be served by personal delivery or overnight mail and filed with the Court at least nine (9) Court days before the hearing unless otherwise ordered by the Court pursuant to Code of Civil Procedure section 1005.
If you have been served with a motion to quash service for lack of jurisdiction in California you should carefully review the motion and supporting documents to determine what grounds for opposition exist.
Grounds for opposing a motion to quash for lack of jurisdiction in California.
Common grounds for opposing a motion to quash for lack of jurisdiction in California are that:
The Defendant has had sufficient contacts with the State of California to justify the exercise of general jurisdiction.
The Defendant has had sufficient contacts with the State of California to justify the existence of specific or limited jurisdiction.
The motion to quash service is filed in bad faith as a delaying tactic in that it is not timely calendared in that the hearing does not comply with Code of Civil Procedure § 418.10(b) .
A Defendant that has had minimum contacts with the State of California can be subject to general jurisdiction.
The California Supreme Court and the United States Supreme Court have stated in published decisions that the minimum contacts doctrine must be decided on a case by case basis as personal jurisdiction depends on the facts of each case . . . the test being whether, under those facts, California has a sufficient relationship with the defendant and the litigation to make it reasonable ("fair play") to require him or her to defend the action in California courts. The following factors will be considered by the Court:
- The extent to which the lawsuit relates to defendant's activities or contacts with California;
- The availability of evidence, and the location of witnesses;
- The availability of an alternative forum in which the claim could be litigated (if defendant could be sued elsewhere);
- The relative costs and burdens to the litigants of bringing or defending the action in California rather than elsewhere.
A nonresident defendant may still be subject to limited or specific jurisdiction on any claims that are related to its activities on contacts here.
In order to impose limited or specific jurisdiction will require a showing that:
- The out-of-state defendant purposefully established contacts with the forum state;
- Plaintiff's cause of action "arises out of" or is "related to" defendant's contacts with the forum; and
- The forum's exercise of personal jurisdiction in the particular case comports with fair play and substantial justice.
Published decisions from at least two California Courts of Appeal have stated that a plaintiff filing an opposition to a motion to quash for lack of jurisdiction in California is entitled to conduct discovery on the jurisdictional issues presented by the motion to quash and, if unable to complete such discovery before the hearing on the motion, is entitled to a continuance for this purpose.
Sample opposition to a motion to quash for lack of jurisdiction in California for sale.
Attorneys or parties that would like to view a portion of a 13 page sample document for opposing a motion to quash for lack of jurisdiction in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.
Over 300 sample legal documents for California and Federal litigation for sale.
To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.
Follow Stan Burman on Google Plus at:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.