Hope

Hope v. Otis Elevator Co.

Good Law
389 F. Supp. 2d 1235·2005 WL 1562284·2005 U.S. Dist. LEXIS 37352
United States District Court, Eastern District of CaliforniaJune 29, 2005CIVS042223GEBCMKCalifornia2,936 words

Opinion

Opinion

Burrell, J.

ORDER

Defendant Outrigger Enterprises, Inc., dba Ohana Hotels and Resorts and Outrigger Hotels and Resorts (collectively “Outrigger”), move for dismissal for lack of personal jurisdiction. Alternatively, Outrigger moves for dismissal for defective service of process. Outrigger also moves, in the alternative, for dismissal or transfer of this action because this District is an improper venue, or for transfer of the action to Hawaii for convenience of the parties and witnesses.

Plaintiff asserts a tort claim based on personal injuries she allegedly sustained when an elevator she used at Outrigger’s hotel in Hawaii malfunctioned. For the reasons explained below, Outrigger’s motion is denied.

PERSONAL JURISDICTION

Since California’s long-arm statute confers jurisdiction to the maximum extent permitted by due process, CabCiv. Proc.Code § 410.10, Outrigger is subject to the specific personal jurisdiction of California if (1) it purposefully availed itself of the benefits and protections of California, (2) its contacts arise out of or relate to Plaintiffs underlying cause of action, and (3) exercise of personal jurisdiction is reasonable. Hedrick v. Daiko Shoji Co., Ltd., Osaka, 715…

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