HOWARTH

HOWARTH v. FIELDS

Good Law
United States District Court, Southern District of CaliforniaJanuary 17, 20253:25-cv-00118California3,481 words

Opinion

Trial Court Opinion

facts from Plaintiff’s Affidavit affixed to her Opposition Brief. (See generally Pl.’s Aff., Ex. A to Pl.’s Opp’n Br., ECF No. 5-3); Miller Yacht Sales, Inc., 384 F.3d at 97 n.6 (citation omitted) (explaining that once a jurisdictional defense is raised, a plaintiff has the “burden of proof [to] establish{] jurisdictional facts through sworn affidavits or other competent evidence”).

room. (/d. ¢ 10.) As a result of this discovery, Plaintiff was emotionally distraught and distressed. (See generally Compl.) Plaintiff then confronted Defendant about the discovery of the camera, and he initially denied setting up the camera. (PI.’s Aff. ¥ 10.) Defendant later admitted to Plaintiff that he planned to watch the videos after she and her father left. Ud. § 11.) Against that backdrop, Plaintiff sued Defendant for negligence (Count J), invasion of privacy (Count ID, negligent infliction of emotional distress (Count HD), and intentional infliction of emotional distress (Count IV). (See generally Compl.) The instant Motion to Dismiss ensued, in which Defendant asserts that the Court lacks personal jurisdiction over him under Rule 12(b)(2). (See generally Def.’s Moving Br., ECF No. 3-1.)…

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