Alpha Phoenix Industries, LLC v. SCI International, Inc.

MEMORANDUM

Defendants-Appellants Joanna Burke, John Burke and Mark Burke appeal from a default and default judgment and the denial of their motion to set aside the default. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Defendants argue that both the default and the default judgment were invalid because the district court lacked personal jurisdiction over them. “The question whether [a] ... default judgment [is] void for lack of personal jurisdiction is reviewed de novo.” Elec. Specialty Co. v. Rd. & Ranch Supply, Inc., 967 F.2d 309, 311 (9th Cir. 1992). “The general rule is that personal jurisdiction over a defendant is proper if it is permitted by a long-arm statute and if the exercise of that jurisdiction does not violate federal due process.” Pebble Beach Co. v. Caddy, 453 F.3d 1151, 1154 (9th Cir. 2006). “Arizona’s long-arm rule permits the exercise of personal jurisdiction to the extent allowed by the due process clause of the United States Constitution.” Menken v. Emm, 503 F.3d 1050, 1056 (9th Cir. 2007) (quoting CE Distrib., LLC v. New Sensor Corp., 380 F.3d 1107, 1110 (9th Cir. 2004)).

Due process requires “a defendant, if not present in the forum,…