Anthony Sarkis v. Miroslav Lajcak

MEMORANDUM

Sarkis appeals from the district court’s granting of defendants’ motion to dismiss for lack of personal jurisdiction. We affirm.

Sarkis asserts claims based on his employment contract with the Office of the High Representative for Bosnia (“OHR”). Under the purposeful availment test used for contract claims, the court looks to whether the defendant took actions “such as executing or performing a contract” demonstrating that it “purposefully avail[ed][it]self of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws.” Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir.2004)

Sarkis argues that OHR purposefully availed itself of the privilege of conducting activities in California because it negotiated and entered into a contract with a California resident. However, OHR did not seek out a California resident for Sark-is’s position. It was purely fortuitous that Sarkis had a California address when the parties negotiated his contract. The purposeful availment requirement is intended to ensure that jurisdiction is not based on such “random, fortuitous, or attenuated contacts.” Burger King Corp. v.…