Barouche

University Financing Consultants, Inc. v. Barouche

Good Law
148 Cal. App. 3d 1165·196 Cal. Rptr. 484·1983 Cal. App. LEXIS 2437
Court of Appeal of CaliforniaNovember 18, 1983Civ. 51754California1,483 words

Opinion

Opinion

Haning, J.

Plaintiff University Financing Consultants, Inc. (University) appeals from an order quashing service of process for breach of contract on defendants Ralph V. Barouche and Leonard L. Wolfer, individually and as general partners of Oceanside Park (Oceanside), a Hawaiian limited partnership.

At issue is the basis for assertion of California jurisdiction over a Hawaiian partnership. Defendants are Hawaiian condominium developers whose single connection with California was the engagement of brokeragé services from plaintiff, a California mortgage brokerage corporation. Defendants were never physically present in California, but obtained plaintiff’s services via contacts made in California with plaintiff by a Hawaiian mortgage broker.

When a defendant moves to quash out-of-state service for lack of jurisdiction, the burden is upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence. (Messerschmidt Development Co. v. Crutcher Resources Corp. (1978) 84 Cal.App.3d 819, 825 [ 149 Cal.Rptr. 35 ].) We presume the trial court resolved the conflicting factual contents in the affidavits filed in support of the motion and in opposition to it and so…

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