Judge: John C. Gastelum, Case: 21-01186369, Date: 2023-11-01 Tentative Ruling

Motion to Quash

Tentative Ruling: Defendants Richard Chipman (“CHIPMAN”) and Leonard Tierney’s (“TIERNEY”) (collectively “Defendants”) Motion to Quash Service of the Summons is GRANTED.

The evidence does not justify the finding of general or specific jurisdiction over Defendants.

It is undisputed that CHIPMAN and TIERNEY are not domiciled in California. CHIPMAN is a resident of Massachusetts and TIERNEY is a resident of New Hampshire. (See Chipman Decl., ¶ 2; see Tierney Decl., ¶ 2.)

Defendants present evidence that TIERNEY does not own any property in California or pay taxes in California; is the President and CEO of Defendant Madison Resource Funding, LLC (“MADISON”), a New Hampshire LLC with a principal place of business in New Hampshire; and is a director of Defendant Chartwell, which is a New York corporation with a principal place of business in Pennsylvania. (See Tierney Decl., ¶¶ 3-5.)

Defendants also present evidence that CHIPMAN, likewise, does not own property in California or pay taxes in California; is the Executive Vice President and CFO of MADISON; and a director of CHARTWELL. (See Chipman Dec., ¶¶ 3-5.)

Plaintiff has not demonstrated that Defendants have purposefully availed themselves to the laws and benefits of California. Plaintiffs have not produced sufficient evidence that Defendants purposefully availed themselves to California by assuming control of CHARTWELL’s business or causing or by their own direct, in-state contacts.

Moving Party is to give notice.