Visier, Inc. v. iCIMS, Inc.

I. BACKGROUND

25 In January 2022, Plaintiff and Defendant entered into a written contract under which 26 Plaintiff agreed to provide Defendant with certain software and related services in exchange for 27 Defendant’s payment of subscription fees. Dkt. 1 ¶¶ 9-11. The contract identifies Plaintiff’s address as 548 Market Street in San Francisco, which is in this District. Dkt. 13-3 at PDF p. 2. Paragraph 16.5 of the contract provides in relevant part that “the validity, interpretation and enforceability of the Agreement shall be governed by the laws of the State of California, USA without regard to its conflict of laws principles.” Id. at PDF p. 3. That paragraph also provides: “The parties hereby submit to the nonexclusive, personal jurisdiction of the state and federal courts located in the County of Santa Clara, California.” Id. According to Plaintiff, although Defendant paid monthly fees due under the Parties’ 7 contract from January 2022 through April 2023 and one payment in August 2023, it has not made 8 any other payments due under the contract. Dkt. 1 ¶¶ 13-14. This lawsuit followed. Plaintiff 9 alleges asserts claims for breach of…