Judge: Eddie C. Sturgeon, Case: 37-2022-00044604-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00044604-CU-PO-CTL DOE VS NOVITAS ACADEMY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Change of Venue, 03/13/2023

Defendant Novitas Academy, Cherry Gulch Academy, and Dr. Andrew Sapp's Motion for Change of Venue is DENIED. By applying for and receiving approval with the California Department of Education for a California County-District-School ('CDS') Code and filing a Private School Affidavit ('PSA') with the California Department of Education, Defendant purposefully availed itself of the laws of California and subjected itself to being haled into court in California. (See ROA 16, Exs. A-D.) The court also has personal jurisdiction over Defendant Sapp as the Founder and CEO of Notivas as he 'over[saw] just about every function of the [out of state corporation's]' actions. (See Calder v. Jones (1984) 465 U.S.

783, 786.) As for Defendant Amee Hardy, Plaintiff concedes that the court does not have personal jurisdiction with respect to her and states that it contemporaneously filed a request for dismissal. The court finds no such request on the ROA and inquires whether Defendant Hardy should be dismissed from the case.

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