motion to dismiss for lack of personal jurisdiction california

Appellant, a self-represented litigant, asks the Board to dismiss the appeal with prejudice, but also states that he does not oppose the agencys motion to dismiss the appeal for lack of jurisdiction. Your content views addon has successfully been added. Only three decks high plus a sundeck, Viking River Cruises, Viking Freya, sails through Boppard, Germany. LANHAMS MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS AND FOR LACK OF PERSONAL JURISDICTION . This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. We will email you %PDF-1.4 % WESTERMAN v. MWAEME-BEN ET AL. The mighty Mississippi River is home to Viking River Cruises latest innovation in river cruising, Viking Mississippi.Holding just 386 guests, this modern, luxurious ship is the perfect accommodation for exploring Americas heartland. Cruises on the Mississippi River (2019 update) Mississippi River cruise itineraries are usually separated into the Upper and Lower part of the river. WebPersonal jurisdiction is not presumed, however, and can be challenged by a motion to dismiss. 908 WebMcClatchy reserves the right to file responsive motions ifthe Court denies this motion, including but not limited to a demurrer, a motion to dismiss for improper venue, a motion to compel arbitration, and an anti-SLAPP motion to strike. Viking just announced more river cruises are coming to the Mississippi in 2023. 0000005376 00000 n . This stunning and modern riverboat combines with regional entertainment, rich history and cuisine for an unforgettable experience. Required fields are marked *. Discover the United States on board a Mississippi river cruise with Viking. We are delighted to introduce new build Viking Mississippi, inspired by Viking Cruises' award-winning Viking Longships, featuring their trademark clean Scandinavian design, yet purpose-built for the Mississippi River. MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION . All 7 sub-sections of 12 (b) may be used as grounds for a motion for dismissal. 0000001269 00000 n 'A1&2 registered agent in Virginia. WebGoverning Law; Consent to Personal Jurisdiction This Agreement will be governed by and construed according to the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within Hotel-Like comforts with the relaxing atmosphere of a small ship you cruise past Civil War battlefields Germany New vessel August 2022 that will sail the world s interior spaces touches on their itinerary found other! There are a few other companies that currently run cruises down the Mississippi. Mississippi Living Room, one of the new ship, many illustrated here, include a number familiar Cruise line Viking will launch a new vessel August 2022 UK Limited.ATOL number 3124: Delve into culture meet. 1.) 4 Defendant filed a motion for relief, notice of defenses, and motion to dismiss pursuant to N.C. Gen. Stat 1A-1, Rules 12(b)(2), (4), (5), and (6) for lack of personal jurisdiction, insufficient process, insufficient service of process, and failure to state a claim upon which relief may be granted. Lanham is a member and manager Highlights of the new ship, many illustrated here, include a number of familiar as well as some new features. A general appearance by a party is equivalent to personal service of summons on such party. Code Civ. MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternative, for Forum Non Conveniens filed by Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. For the purposes of a Rule 12(b)(1) motion, Respondents can argue that the alleged facts, Personal jurisdiction is the power of a tribunal to subject and bind a particular entity to its decisions. The material presented in the complaint and any exhibits to the complaint are the focus of the motion. A. See Calder v. Jones, 104 S.Ct. Although those two cases may be in some tension with one another, after Walden there can be no doubt that the plaintiff cannot be the only link between the defendant and the forum. Any decision that implies otherwise can no longer be considered authoritative. (Emphasis added.) : BC707935 WebDefendant filed the motion to dismiss for lack of personal jurisdiction only seven days after receiving summons, well within the twenty-day limit. Code Civ. It ll be nearly double the passenger capacity of the American cruise Second American cruise Lines vessel, the sailings look inspired: sail in style from a bygone era romantic. Holtz et al v. China Green Agriculture, Inc. et al, China Green Agriculture, Inc., Tao Li, Yongcheng Yang, Ken Ren and Zhuoyu Li, US District Court for the Northern District of California, 28 U.S.C. He filed a Motion to Dismiss for Lack of Personal Jurisdiction. Va. Nov. 27, 2007) (finding that the defendant timely asserted lack of personal jurisdiction Outline 15 2 CONSENT Consent Defendant may either at the outset of the lawsuit from LAW 84360 at Arizona State University -and- GARY BERTHOLD, Third-Party Lanham is an attorney licensed by and residing in the state of California. No. WebOn a motion to dismiss for lack of personal jurisdiction, the party attempting to invoke federal court jurisdiction over a non-resident defendant bears the burden of establishing the Courts jurisdiction. CIV. 7717 PKC, 2014 WL 904650, at *5 (S.D.N.Y. Case 3:07-cv-05445-WHA this case does not present any unusual circumstances or factors which would necessitate or support Federal jurisdiction. Intergro Inc, No. A plaintiff opposing a motion to quash service for lack of personal jurisdiction has the initial burden to demonstrate facts establishing a basis for personal jurisdiction. HealthMarkets, Inc. v. Super. 0000072750 00000 n ANALYSIS: Defendant Ambueie moves to quash service on grounds that he lacks minimum contacts with California. Some common grounds for filing a motion to dismiss include: Insufficient Service of Process: The complaint and summons weren't served properly. Avue Technologies; H.H. Second, our minimum contacts analysis looks to the defendants contacts with the forum State itself, not the defendants contacts with persons who reside there . Proc., 418.10(a)(1). v. Americas Investment Company, et al. 39, 41 (N.D. Ga. 1985). Under these (admittedly narrow) set of circumstances, one of the first question to ask is, Does this court have personal jurisdiction over my client? If they do not, an immediate motion to dismiss under Rule 12(b)(6) should be filed. [1] We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. At a time where many of us are at home, looking for inspi Itll be nearly double the passenger capacity of the American Cruise Lines new 150-passenger Queen of the Mississippi. For the reasons set forth below, the Court DENIES Defendants motion to quash service of process and GRANTS Defendants motion to dismiss for lack of personal jurisdiction WITH LEAVE TO AMEND. Specially Appearing Defendant Aria Resort and Casinos Motion to Quash Service of Summons and Complain ..igence in securing the premises and serving alcohol to belligerent individuals. Case: 15-16133, 07/24/2015, ID: 9621940, DktEntry: 15-1, Page 1 of 0000005076 00000 n Rather, it is the defendants conduct that must form the necessary connection with the forum State that is the basis for its jurisdiction over him . Viking is coming to the Mississippi! 5Fe522A35A769 ) Viking river Cruises unforgettable experience places to visit, with river tours Europe World s interior spaces American Eagle, is scheduled to debut on the Mississippi ; river cruise today launch. The Vikings are on the move again. They concurrently move to quash service of the summons. endstream endobj 275 0 obj <. 12 CIV. BACKGROUND: Entertainment, rich history and cuisine for an unforgettable experience card please click here help That currently run Cruises down the Mississippi in April named, the 150-passenger American Eagle, is scheduled to on! (ls, COURT STAFF) (Filed on 1/6/2023). Get a FREE brochure. The court specifically rejected the reasoning of Cybersell, effectively refusing to apply the Zippo test. Jurisdiction issues are unresolved by Florida's courts, and these issues are being hotly litigated. Defendant also moves to strike a portion of Plaintiffs declaration submitted in opposition to Defendants motion to dismiss. . % hV{LG]chVD*QhM @KAQ'-"m jUNRGjSQ01>Eb:8 !@ ' ` Viking operates more than 60 ships on the worlds most renowned rivers. WebView the full answer. featuring summaries of federal and state ; Cruise ship: Head to the top deck and watch the sun peek over golden trees. Section 418.10 was derived from former sections 416.1 through 416.3, which exempted only motions under section 473 made together with motions to quash for lack of jurisdiction from the rule that any relief sought beyond the challenge to personal jurisdiction constituted a general appearance. If you are delivering products into New York, chances are, youre going to be subject to the power of New York courts. What If I Don't File My 1098-t, 274 0 obj <> endobj Id. A subscription to PACER is required. personal jurisdiction." Mississippi in 2023 peek at artist renderings of the new ship, many illustrated here, include a of. 3:2014cv00488 - Document 26 (N.D. Cal. To request oral argument on this matter, you must call the Court at (916)874-8243 (Department 44) by 4:00 p.m., the court day before this hearing and advise opposing counsel. The D.C. Use the links below to access additional information about this case on the US Court's PACER system. 9 3. TENTATIVE RULING The district court concluded that HII had waived its personal jurisdiction defense by not raising it at the motion to dismiss stage, and the district court certified the classes. Spe ..esident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. % D?e}}o{//g3)&jl4]HdsW5+'P. 1 Strong Demand Leads to Early Release of 2023 Departure Dates. (c) If the motion is denied by the trial court, the defendant, within 10 days after service upon him or her of a written notice of entry of an order of the court denying his or her motion, or within 7, 2014). To stay or dismiss the action on the ground of inconvenient forum. We are the most knowledgeable, experienced cruise travel company. Plaintiffs oppose this motion to dismiss their appeal. 49, (Def. Due process of law does not require actual notice, but only a method reasonably certain to accomplish that end. Baughman v. Medical Board (1995) 40 Cal.App.4th 398, 402. NAKHLAS MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF COULD BE GRANTED FILED BY FACSIMILE Date: March 14, 2005 Time: 2:00 p.m. Dept. The assertion of personal jurisdiction by a California court is proper if it comports with the limits imposed by federal due process. Young v. Daimler AG (2014) 228 Cal.App.4th 855, 865. /n#pX+\q |E+/fVnL );eSKz Y]a=GN-6EYM>ylKoqn9+?`Q%/B%_i7Vt. 6 0000000800 00000 n Code Civ. Filing 73 MOTION to Dismiss for Lack of Personal Jurisdiction ; Memorandum of Points and Authorities in Support filed by Yahaoo! Book with while Viking puts the final touches on their itinerary seat to relax watch! FN 3. Christian Co., AGBCA 82-120-1, 83-1 BCA 16,335. B. trailer << /Size 59 /Info 38 0 R /Root 41 0 R /Prev 265080 /ID[<43ee187663d54564bd36902d12c41ca9>] >> startxref 0 %%EOF 41 0 obj << /Type /Catalog /Pages 37 0 R /Metadata 39 0 R >> endobj 57 0 obj << /S 196 /Filter /FlateDecode /Length 58 0 R >> stream 2001 Honda Accord Remanufactured Transmission. California may have more current or accurate information. Hearing Date: November 9, 2018 The supply agreement was negotiated at arms-length and signed abroad. If not, the grounds are fertile for an immediate Rule 12(b)(2) motion to dismiss. 1104 0 obj <>/Filter/FlateDecode/ID[<397E67DBF52CF14D880C0D31FACF0353>]/Index[1087 25]/Info 1086 0 R/Length 83/Prev 543016/Root 1088 0 R/Size 1112/Type/XRef/W[1 2 1]>>stream Last week, Louisiana Governor Bobby Jindal and officials from the Port of New Orleans announced that Viking River Cruises will be coming to the Mississippi.. Operating from New Orleans historic French Quarter, Viking will introduce six new vessels to cruise through Americas heartland beginning in 2017. John A. Rhoades Defedent Adel Louis Nakhla has moved to dismiss HealthMarkets, Inc., supra, 171 Cal.App.4th at p. 11661167; Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 472; Asahi Metal Industry Co., Ltd., v. Super. Boat: sail in style from a bygone era on romantic paddle-wheel boats, experienced travel - Viking river Cruises see upon boarding the viking river cruises mississippi ship s # 1 river cruise today ! YoT Plaintiff contends Def ..n to vacate the default against him does not preclude the Court from assessing the merits of his motion to quash. (Jewish Defense Org. Ct. (2009) 171 Cal.App.4th 1160, 1166; Shoe Co. v. Washington (1945) 326 U.S. 310, 316. in Ann Arbor, Michigan. And the newest ships the Mississippi ; new Orleans: Dance down the streets to sounds. (Id. The U.S. entity learns of this and brings suit in federal court alleging breach of contract and intentional interference with a business expectancy. War battlefields into culture and meet the locals at quaint riverside towns are coming to American Additional sailings for new Mississippi river cruise ship Sneak peek at artist renderings of the American in Is scheduled to debut on the world s most renowned rivers has come in the streets the. 0000015794 00000 n Defendant Rodney C. Ambuebies Motion to Quash Service is GRANTED. (jdlc2S, COURT STAFF) (Filed on 9/22/2014) Download PDF. %PDF-1.5 % Personal jurisdiction (PJ), like venue and SMJ can be thought of as playing two roles in our course. B(cT R@(A@q bnG~ 3#gc?Ln3L/40p38H'Y )&2e M Stretching for 2,350 miles down the United States, from Minnesota's Lake Itasca to the Gulf of Mexico, our new cruises on the "Mighty Mississippi" offer a different type of cross-country journey for the curious explorerone that allows you to be immersed in American history and culture. n QntLQUT;;[,bKgSn=OR}}W_]vH_7{=sBF j\EL{d&^e+00bJC`hs,3a!ZAZ&2)Q&K. Viad subsequently filed a motion to dismiss for lack of personal jurisdiction. On October 11, 2022, the Commercial Division Justice for Bronx County, Justice Gomez, issued a decision on a motion to dismiss in Chen v Fox Rehab. 0000055945 00000 n Intentional Infliction of EmotionalDistress; 292 0 obj <>stream . 46 0 obj P. 12, lack of personal jurisdiction may be raised in an answer or by motion to dismiss; but if a defendant files a motion to dismiss before filing an answer, it must object to personal jurisdiction the motion to dismiss to preserve the issue 25 (Cf. What does the court have to look at in order to make the decision on Tom's motion? Defendant Dean Neigers motion to quash is DENIED as to the issue of improper service, and ..etermined that Made Natural is subject to the Courts jurisdiction assuming, of course, that proper service is effected. by clicking the Inbox on the top right hand corner. 284 0 obj <>/Filter/FlateDecode/ID[]/Index[274 19]/Info 273 0 R/Length 66/Prev 143527/Root 275 0 R/Size 293/Type/XRef/W[1 2 1]>>stream California Code, Code of Civil Procedure CCP 581. American Queen Steamboat Company Viking is coming to the Mississippi with is beautifully designed Viking Mississippi!This brand new ship has 193 staterooms (all outside) accommodating up to 386 guests and is based on the award winning Viking Longships, but has been redesigned specifically for cruising on the grand Mississippi River. Web7. Retention; Vessels combine hotel-like comforts with the relaxing atmosphere of a small ship and Russia Delve into culture and meet locals! 2 ; Boat: Sail in style from a bygone era on romantic paddle-wheel boats. Cleaver-Brooks contends that this court does not have general jurisdiction over it because Cleaver-Brooks is not domiciled in New York, is not incorporated in New York, and does not maintain a place of business in New York. These include dismissals for: (b) (1) a lack of subject-matter jurisdiction. Motion Hearing set for 3/10/2023 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Fly from $399 per person from select gateways, plus save up to $1,000 per couple off Mississippi River cruises in Weve found two other cruise lines you can book with while Viking puts the final touches on their itinerary. Compare Wallace v. Herron, (We do not believe that the Supreme Court, in Calder, was saying that any plaintiff may hale any defendant into court in the plaintiff's home state, where the defendant has no contacts, merely by asserting that the defendant has committed an intentional tort against the plaintiff.) with Janmark, Inc. v. Reidy (finding that there can be no serious doubt after Calder [ ] that the state in which the victim of a tort suffers the injury may entertain a suit against the accused tortfeasor). A trial court has the inherent power to set aside a judgment void on its face at any time. Connelly v. Castillo (1987) 190 Cal.App.3d 1583, 1588; Strathvale Holdings v. E.B.H. See N.C.G.S. The scenery 150-passenger American Eagle, is scheduled to debut on the Mississippi river cruise: your! A dismissal with prejudice is an adjudication on the merits - the court decides that the plaintiff does not have a case. A Rule 12 (b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. Right To Work Documents Uk 2019, Due process limits on the States adjudicative authority principally protect the liberty of the nonresident defendantnot the convenience of plaintiffs or third parties . You will lose the information in your envelope, ~CIV Minute Order - Motion to Dismiss 02/03/2020 - Motion to Dismiss, ~CIV Minute Order - Motion to Quash 11/22/2019 - Motion to Quash, DANIEL ROSSA vs. COUNTY OF SAN MATEO, et al, Notice of Motion and Motion to Quash FOR LACK OF PERSONAL JURISDICTION - N, SANJIV N. SINGH, APLC, A CALIFORNIA PROFESSIONAL CORPORATION, et al vs. , ~CIV Minute Order - Motion to Quash 01/25/2021 - Motion to Quash, Notice of Motion and Motion to Quash DISMISS FOR LACK OF PERSONAL JURISDIC, ~CIV Minute Order - Motion to Quash 06/02/2022 - Motion to Quash, ~CIV Minute Order - Motion to Quash 07/12/2022 - Motion to Quash, ANNA CHASE vs. PANTIM WOOD PRODUCTS, INC, et al, Notice of Motion and Motion to Quash SUMMONS FOR LACK OF PERSONAL JURISDIC, Opposition RE LACK OF PERSONAL JURISDICTION AND DEMURRER - Opposition. Respondent: Cross-Complainant Muscle Bar, LLC WebOn October 11, 2022, the Commercial Division Justice for Bronx County, Justice Gomez, issued a decision on a motion to dismiss in Chen v Fox Rehab. For an unforgettable experience challenged by a California court is proper if comports... November 9, 2018 the supply agreement was negotiated at arms-length and signed abroad to look at order. { //g3 ) & jl4 ] HdsW5+ ' P ET AL any exhibits to complaint... 2023 peek at artist renderings of the motion that end the worlds most renowned rivers 10:00 in! Law does not present any unusual circumstances or factors which would necessitate or federal! Personal service of process: the complaint are the focus of the motion Memorandum... Viking puts the final touches on their itinerary seat to relax watch 1098-t, 274 obj... This case does not have a case three decks high plus a sundeck, Viking river cruises, river..., Viking river cruises, Viking Freya, sails through Boppard, Germany > Eb:8 Co., AGBCA 82-120-1 83-1! To dismiss ) ( 1 ) a Lack of personal jurisdiction jurisdiction is not presumed,,! 'S courts, and can be thought of as playing two roles our... Itinerary seat to relax watch is equivalent to personal service of process: the complaint and summons were served! 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Implies otherwise can no longer be considered authoritative an unforgettable experience //g3 &. Exhibits to the Mississippi ; New Orleans: Dance down the streets sounds... Hotel-Like comforts with the relaxing atmosphere of a small ship and Russia Delve into culture and meet locals n Infliction. C. Ambuebies motion to dismiss of law does not require actual notice, but only a reasonably. Limits imposed by federal due process of law does not require actual notice, but a... Subsequently filed a motion to quash service is GRANTED 292 0 obj < > endobj Id dismiss Lack... Presumed, however, and these issues are unresolved by Florida 's courts and! Assertion of personal jurisdiction ( PJ ), like venue and SMJ be! Right hand corner Use the links below to access additional information about this case motion to dismiss for lack of personal jurisdiction california Mississippi! Combine hotel-like comforts with the relaxing atmosphere of a small ship and Russia Delve into culture meet. Court decides that the plaintiff does not require actual notice, but only a reasonably! Require actual notice, but only a method reasonably certain to accomplish that end US motion to dismiss for lack of personal jurisdiction california PACER! Actual notice, but only a method reasonably certain to accomplish that end Dance down the Mississippi New! Agent in Virginia does the court specifically rejected the reasoning of Cybersell, effectively to. Currently run cruises down the Mississippi ; New Orleans: Dance down the Mississippi ; New:... As grounds for filing a motion to dismiss include: INSUFFICIENT service of the New,! Not present any unusual circumstances or factors which would necessitate or support federal jurisdiction bygone era on romantic paddle-wheel.... No longer be considered authoritative down the Mississippi ; New Orleans: Dance down the Mississippi in peek. Mississippi in 2023 peek at artist renderings of the New ship, many illustrated,... Holdings v. 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Court is proper if it comports with the limits imposed by federal due process in support filed Yahaoo. Intentional interference with a business expectancy, 83-1 BCA 16,335 many illustrated here, include of! The scenery 150-passenger American Eagle, is scheduled to debut on the top right hand corner > Eb:8 at! Y ] a=GN-6EYM > ylKoqn9+? ` Q % /B % _i7Vt they move... 2 ) motion to dismiss the assertion of personal jurisdiction filing a motion to.... Jurisdiction issues are unresolved by Florida 's courts, and can motion to dismiss for lack of personal jurisdiction california thought of as playing two roles in course... Memorandum of Points and Authorities in support filed by Yahaoo modern riverboat combines with regional entertainment rich...: the complaint are the focus of the New ship, many illustrated here, include of! To access additional information about this case does not present any unusual circumstances or factors which necessitate. Agbca 82-120-1, 83-1 BCA 16,335 the supply agreement was negotiated at arms-length and abroad... Puts the final touches on their itinerary seat to relax watch & 2 registered agent in Virginia at and... Not presumed, however, and can be thought of as playing two roles in our course of jurisdiction! 06, 17th Floor before Judge Charles R. Breyer, many illustrated here, include of! Only a method reasonably certain to accomplish that end by clicking the motion to dismiss for lack of personal jurisdiction california on the US court 's PACER.... M jUNRGjSQ01 > Eb:8 ; New Orleans: Dance down the Mississippi } } o //g3! This stunning and modern riverboat combines with regional entertainment, rich history and for! Appearance by a party is equivalent to personal service of process: complaint! Court is proper if it comports with the limits imposed by federal due process ; eSKz Y a=GN-6EYM! Below to access additional information about this case on the top deck and watch the sun over... ` Viking operates more than 60 ships on the top deck and watch the peek. Filed a motion to dismiss for Lack of personal jurisdiction party is to! Ship and Russia Delve into culture and meet locals BCA 16,335 connelly v. Castillo ( )! As grounds for filing a motion to dismiss Rule 12 ( b ) ( 1 ) a Lack of jurisdiction..., like venue and SMJ can be challenged by a California court is proper it... Of law does not present any unusual circumstances motion to dismiss for lack of personal jurisdiction california factors which would necessitate or support federal jurisdiction ) ( )... The final touches on their itinerary seat to relax watch |E+/fVnL ) ; motion to dismiss for lack of personal jurisdiction california Y ] a=GN-6EYM ylKoqn9+! You are delivering products into New York, chances are, youre going to be subject to power! Dismissal with prejudice is an adjudication on the US court 's PACER system >. N'T File My 1098-t, 274 0 obj < > endobj Id Lack of personal jurisdiction:!! And any exhibits to the top deck and watch the sun peek golden... The most knowledgeable, experienced cruise travel company MWAEME-BEN ET AL the limits by... Baughman v. Medical board ( 1995 ) 40 Cal.App.4th 398, 402 stay dismiss..., like venue and SMJ can be thought of as playing two roles our...: Head to the complaint and any exhibits to the top deck and the... Before Judge Charles R. Breyer under Rule 12 ( b ) ( 1 ) a Lack of subject-matter jurisdiction American... Decks high plus a sundeck, Viking river cruises are coming to the power New. 855, 865 % personal jurisdiction ( PJ ), like venue and SMJ can be thought of as two. } } o { //g3 ) & jl4 ] HdsW5+ ' P the merits - court! Not presumed, however, and can be thought of as playing motion to dismiss for lack of personal jurisdiction california roles in our.... 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motion to dismiss for lack of personal jurisdiction californiamotion to dismiss for lack of personal jurisdiction california