Judge: Colin Leis, Case: 21STCV35596, Date: 2023-04-20 Tentative Ruling

Case Number: 21STCV35596    Hearing Date: April 20, 2023    Dept: 74

ERNEST JOSEPH FRANCESCHI, JR. vs CHRISTOPHER BALDWIN, et al. 21STCV35596

Specially Appearing Defendant Ross Perkal’s Motion filed July 20, 2022, to Quash

Specially Appearing Defendant Ross Perkal contends the court lacks specific jurisdiction over him. (The record does not support general jurisdiction, and Perkal’s reply appears to have withdrawn his contention of defective service by mail (Code of Civ. Proc. § 415.40).) The success of Perkal’s motion turns on the court’s accepting Perkal’s version of disputed facts about Perkal’s role in helping defendant Baldwin write an allegedly extortionate email to Plaintiff. Perkal, who is a licensed attorney in New Mexico, denies any involvement in writing the extortionate email. By a verified discovery response, Baldwin declares, however, that Baldwin drafted the email with “assistance from his counsel Ross Perkal.” And Perkal does indeed admit speaking with Baldwin, whom he knew to be the son of long-time clients, to discuss a purportedly “hypothetical” legal question. If one accepts Baldwin’s version of events, the record supports finding specific jurisdiction over Perkal. Accordingly, the court denies the motion to quash.