Judge: Richard S. Whitney, Case: 37-2023-00007187-CU-FR-CTL, Date: 2023-11-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 21, 2023

11/22/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2023-00007187-CU-FR-CTL PACIFICA MONROE I LLC VS MAHAJAN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: SPECIALLY APPEARING DEFENDANT AJAY CHANDRASEKHAR'S UNOPPOSED MOTION TO QUASH SERVICE OF SUMMONS AND TO DISMISS FOR LACK OF PERSONAL JURISDICTION is GRANTED.

After Specially Appearing Defendant Ajay Chandrasekhar ('Chandrasekhar') filed this motion, the burden shifted to Plaintiffs PACIFICA MONROE I LLC; PACIFIC MASON LLC; PACIFICA ADRIAN LLC, PACIFICA DODGEVILLE LLC, PACIFICA SENIOR LIVING LLC, and PACIFICA COMPANIES LLC ('Plaintiffs') to prove this Court has jurisdiction by making a prima facie showing of sufficient contacts with the State of California. (Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 794.) 'When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met.' (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232–1233.) Chandrasekhar asserts this Court lacks personal jurisdiction over Chandrasekhar because he has not had minimum contacts with California.

Failure to file any opposition to the application indicates Plaintiffs' acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Plaintiffs have failed to meet their burden to demonstrate this Court has personal jurisdiction over Chandrasekhar. The Court must grant the motion.

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