Judge: Mark C. Kim, Case: 20STCV28177, Date: 2022-12-15 Tentative Ruling

Case Number: 20STCV28177    Hearing Date: December 15, 2022    Dept: S27

1.     Background Facts

Plaintiff, Everett Parker filed this action against Defendants, DJO, LLC, Rikco International, LLC, Hanger, Inc., Hanger Prosthetics & Orthotics West, Inc., and Hanger Prosthetics & Orthotics, Inc. for negligence, breach of the implied warranty of merchantability, breach of the implied warranty of fitness, and negligence – strict products liability.    

Plaintiff alleges that he is diabetic and purchased shoes designed, manufactured, distributed, and/or sold by Defendants.  He alleges he suffered blisters caused by the shoes, and the blisters caused medical staff to remove the tip of his big toe as well as substantial amounts of damaged skin, which has left huge gashes on his feet. 

2.     Motion to Quash

Plaintiff added Colfax Corporation as Doe Defendant 3 on 10/28/21, alleging Colfax designed, manufactured, and sold the subject shoe at issue in the lawsuit. 

Colfax moves to quash service of the summons and complaint, contending the Court lacks personal jurisdiction over it.  Colfax contends it is a Delaware corporation with its principal and only place of business in Delaware, has never maintained a place of business in CA, has never maintained an office in CA, and has never owned or leased any real property in CA. 

When jurisdiction is challenged by a non-resident defendant, the burden of proof is on the plaintiff to establish jurisdiction is proper.  See Elkman v. National States Ins. Co. (2009) 173 Cal.App.4^th 1305, 1313.  Any opposition to this motion was due on or before 12/02/22.  Plaintiff has not filed opposition to the motion, and has therefore necessarily failed to meet his burden to show exercising jurisdiction over Colfax would be proper.  The motion is granted. 

Colfax is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.