Judge: Matthew C. Braner, Case: 37-2023-00014292-CU-PO-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00014292-CU-PO-CTL BRENNAN VS KAPPA SIGMA FRATERNITY INCORPORATED [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Thomas Bishop's motion to quash is GRANTED.

Defendants Mitchell Wilson and Chad Gebhardt's motions to quash are OFF-CALENDAR.

As of October 19, 2023, Plaintiff Benjamin Brennan has not filed an opposition to Defendant Bishop's motion. Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Defendant Bishop's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) Defendant Wilson was dismissed from this case on September 5, 2023. (ROA #67.) Defendant Gebhardt was dismissed on September 13, 2023. (ROA #71.) The court is aware that a notice of withdrawal of the motions to quash as to these defendants is still pending. Regardless, the motions have become moot and are therefore off-calendar.

As to Defendant Bishop, the court agrees the court lacks personal jurisdiction over him. (See Code Civ.

Proc., § 418.10, subd. (a)(1).) Defendant Bishop attests that he has been a lifelong resident of Georgia and currently lives in Kennesaw, Georgia, has never lived or owned property in California, and has worked in Georgia since his admittance to the Georgia State Bar in 1985. (ROA #29, Bishop Dec., ¶ 3.) He further attests he was neither involved in nor aware of the April 16, 2021 incident alleged in Plaintiff's complaint, did not communicate with any members of the San Diego State University chapter of Kappa Sigma either before or after the alleged incident, and does not recall ever communicating with such members within the past five years. (ROA #29, Bishop Dec., ¶¶ 6-9.) These facts are not disputed by Plaintiff and demonstrate that Defendant Bishop's contact with California is not sufficient to establish personal jurisdiction.

Accordingly, Defendant Bishop's motion to quash is granted.

The minute order is the order of the court.

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