Judge: Colin Leis, Case: 24STCV10835, Date: 2025-01-23 Tentative Ruling

Case Number: 24STCV10835    Hearing Date: January 23, 2025    Dept: 74

Franks v. Sandhills Global, Inc.

Sandhills Global, Inc.’s Motion to Quash Service or Dismiss for Forum Non-Conveniens.

Specially appearing defendant Sandhills Global, Inc. moves to quash service or, in the alternative, dismiss for forum non-conveniens.

DISCUSSION

            A defendant may move to quash service on the ground that the court lacks jurisdiction by filing a noticed motion to quash the service of summons at any time before the expiration of its time to plead.  (Code Civ. Proc., § 418.10, subd. (a)(1).)  When a defendant argues that service of summons did not bring him or her within the trial court’s jurisdiction, the plaintiff has the burden of proving the facts that did give the court jurisdiction. (Code Civ. Proc., §418.10; Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449.) If the plaintiff establishes facts showing minimum contacts with the forum state, “it becomes the defendant’s burden to demonstrate that the exercise of jurisdiction would be unreasonable.” (Ibid.) 

            Defendant moves to quash service of summons on the grounds that the Court lacks personal jurisdiction.  Defendant is a Nebraska corporation headquartered, incorporated and domiciled in Nebraska. 

Plaintiff has the burden of establishing, by a preponderance of the evidence, the factual basis for the exercise of jurisdiction.  (Ibid.)  Plaintiff does not provide any evidence that Defendant had minimum contracts with California. Therefore, the Court does not have jurisdiction over Defendant.

CONCLUSION

            The Court grants Defendant’s motion to quash summons service of summons.

            The Court to give notice.