Does a motion to dismiss for lack of personal jurisdiction in CA require a court date

This is a discussion on Does a motion to dismiss for lack of personal jurisdiction in CA require a court date within the Intellectual Property Law Questions forums, part of the Legal Questions & Answers Forum category; I was recently sued by Nexon in the central district of California, but I reside in Texas. I have not been to California in over a decade, and that was ...

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  1. #1
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    Does a motion to dismiss for lack of personal jurisdiction in CA require a court date

    I was recently sued by Nexon in the central district of California, but I reside in Texas. I have not been to California in over a decade, and that was only for half a week on vacation. I cannot afford any sort of travel costs, and I do not own a vehicle. Appearing in court in California would be extraordinarily difficult, which (I believe) would be in violation of the traditional notions of fair play and substantial justice.

    I operate a website and, if I have ever done business with anyone in the State of California, it was both unknowingly and below a minimum threshold (as in 1 or 2 people at most).

    I want to file a motion for dismissal based on the above facts, but I am at a loss as to how I should proceed. I have read http://www.cacd.uscourts.gov/CACD/Forms.nsf/0b2b50f03ce1d589882567c80058610a/39a3e12d3093abaf882578880075e18f/$FILE/Motions.pdf, but it says that I must provide a court date. Is this absolutely necessary? I know that in other states, such as New Jersey, it's optional. If it's not mandatory, what template should I fill out to file this motion?

    Last edited by Faythless; 02-11-2012 at 08:02 PM.

  2. #2
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    Your motion to dismiss is a waste of time, if you used their service, regarding this issue.

    16 MISC
    You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
    Nexon | Terms of Use

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    Thanks, Disagreeable. I was unaware that such a statement was in their Terms of Use (or that a ToU would even hold up in court). That's truly unfortunate. :/

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    Just because you agree to certain terms of conditions does not mean they are necessarily enforceable. It will come down to the specific facts and circumstances of your case and it is up to a court to determine (if you decide to challenge) whether they can obtain personal jurisdiction over you.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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