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Motion to dismiss for lack of personal jurisdiction

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Definition Edit

A motion to dismiss for lack of personal jurisdiction is a motion made by a defendant, challenging the court's ability to exercise personal jurisdiction over the moving party.

Overview Edit

When a defendant moves to dismiss a complaint for lack of personal jurisdiction, the plaintiff bears the burden of demonstrating that jurisdiction is proper.[1] Where the motion is based on written materials rather than on an evidentiary hearing, the plaintiff need only make a prima facie showing of jurisdictional facts. [2] In such cases, a court need only inquire into whether the plaintiff's pleadings and affidavits make a prima facie showing of personal jurisdiction.[3] Although the plaintiff cannot rest on the bare allegations of the complaint, uncontroverted allegations in the complaint must be taken as true.[4] "Conflicts between the parties over statements contained in affidavits must be resolved in the plaintiff’s favor."[5]

References Edit

  1. Rio Properties, Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1019 (9th Cir. 2002) (full-text).
  2. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004) (full-text).
  3. Id.
  4. Id.
  5. Id.

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