Sacramento Suncreek Apartments, LLC v. Cambridge Advantaged Properties II, L.P.

Good Law
113 Cal. Rptr. 3d 661·187 Cal. App. 4th 1·2010 Cal. App. LEXIS 1259
Court of Appeal of CaliforniaJuly 30, 2010C060886California7,629 words

Opinion

Opinion

Hull, J.

California’s long-arm statute permits the exercise of personal jurisdiction “on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) Under the due process clause of the United States Constitution, a nonresident may be subject to personal jurisdiction in the forum state if he has maintained sufficient purposeful contacts with the state, the claims asserted against him arise from those contacts, and the exercise of jurisdiction comports with fair play and substantial justice. (Pavlovich v. Superior Court (2002) 29 Cal.4th 262, 268-269 [ 127 Cal.Rptr.2d 329 , 58 P.3d 2 ].)

In this matter, plaintiffs assert claims against two nonresident limited partners of an Oregon limited partnership that owned and operated an apartment complex in this state for many years. The claims arise from mold discovered at the apartment complex after it was sold to plaintiffs. However, prior to the assertion of claims against them, the nonresident limited partners, who were themselves limited partnerships, liquidated their interests in the Oregon limited partnership and dissolved.

Despite their dissolutions, the nonresident limited…

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