Kimberly Bonnell v. Cabo Azul Resort

MEMORANDUM

Appellants brought suit against defendant-appellee Pacific Monarch Resort, Inc. (PMRI) and others in Nevada state court for negligence based on premises liability and failure to warn. PMRI removed the case to federal court. On PMRI’s motion, the district court dismissed the suit for lack of personal jurisdiction. Appellants challenge that dismissal. We vacate and remand.

This court reviews de novo a dismissal for lack of personal jurisdiction. Pebble Beach Co. v. Caddy, 453 F.3d 1151, 1154 (9th Cir.2006). Where, as here, a trial court rules on personal jurisdiction without holding an evidentiary hearing, a plaintiff need only establish a prima facie showing of personal jurisdiction. See id.

There are two limitations on a court’s power to exercise personal jurisdiction over a nonresident defendant: the applicable state long-arm statute and constitutional principles of due process. Sher v. Johnson, 911 F.2d 1357 , 1360 (9th Cir.1990). Nevada’s long-arm statute reaches the limit of federal constitutional due process, and thus the only relevant inquiry is whether due process prohibits the exercise of jurisdiction over PMRI. Myers v. Bennett Law Offices, 238 F.3d 1068,…