MINUTES FORM 11 DOCInitials of Deputy Clerk: jcbCIVIL - GENPage 3 of 5The Due Process Clause requires that a court exercise personal jurisdiction over adefendant only if the defendant has “certain minimum contacts” with the forum state “such that themaintenance of the suit does not offend traditional notions of fair play and substantial justice.”
Int’l Shoe Co. v. Wash.
, 326 U.S. 310, 316, 66 S. Ct. 154 (1945) (internal quotation marks omitted). A courtmay exercise general jurisdiction over a defendant whose contacts with the forum are so “continuousand systematic” that personal jurisdiction is proper in any action.
Burger King Corp. v. Rudzewicz
, 471U.S. 462, 477-78, 105 S. Ct. 2174 (1985). Absent general jurisdiction, a court may also exercisespecific jurisdiction over a defendant where “jurisdiction [is] based on the relationship between thedefendant’s forum contacts and the plaintiff’s claim.”
, 433 F.3d at 1205.In the Ninth Circuit, a three-part test determines whether specific jurisdiction exists: (1)the non-resident defendant must purposefully direct its activities at, or consummate some transactionwith, the forum state or a resident thereof; or perform some act by which it purposefully avails itself of the privilege of conducting activities in the forum; (2) the plaintiff’s claim must be one that arises out of or relates to the defendant’s forum-related activities; and (3) the exercise of jurisdiction must bereasonable.
Moving Defendant presents arguments to dismiss based both on the Court’s lack of jurisdiction and on Plaintiff’s failure to state a viable claim under Fed. R. Civ. P. 12(b)(6). Because theCourt finds that it lacks personal jurisdiction over Moving Defendant, the Court need not addressMoving Defendant’s arguments regarding Plaintiff’s failure to state a claim.
Personal JurisdictionMoving Defendant Has Not Purposefully Availed Itself of California
The first step of the Court’s jurisdiction analysis focuses on whether Moving Defendanthas purposefully availed itself of California. The “purposeful availment” requirement exists to ensurethat “defendant’s conduct and connection with the forum State are such that it should reasonablyanticipate being haled into court there.”
World Wide Volkswagen Corp. v. Woodson
, 444 U.S. 286,297, 100 S. Ct. 559 (1980). The purposeful availment test “may be satisfied by purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or bysome combination thereof.”
, 433 F.3d at 1206. While courts “often use the phrase ‘purposefulavailment,’ in shorthand fashion, to include both purposeful availment and purposeful direction ...availment and direction are, in fact, two distinct concepts.”
Schwarzenegger v. Fred Martin Motor Co.
,374 F.3d 797, 802 (9th Cir. 2004)The “purposeful direction” test is typically considered more amenable to cases that soundin tort – like the current action – than the “purposeful availment” test.
, 374 F.3d at
Case 8:09-cv-01097-CJC -AN Document 97 Filed 10/22/10 Page 3 of 5 Page ID #:2927