Watts

Dole Food Co. v. Watts

Good Law
2002 Daily Journal DAR 10433·303 F.3d 1104·2002 WL 31012129·2002 Cal. Daily Op. Serv. 9296·2002 U.S. App. LEXIS 18524
United States Court of Appeals for the Ninth CircuitSeptember 10, 2002No. 01-55002California6,949 words

Opinion

Lead Opinion

Fletcher, J.

Dole Food Company (“Dole” or “Dole U.S.”) appeals the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction in California of its suit against Malcolm Watts and Carl Boenneken, citizens and residents of European countries. Dole alleges that Watts and Boenneken fraudulently induced Dole, headquartered in California, to lease warehouse space in The *1108 Netherlands on unfavorable terms without disclosing that they had ownership interests in the property. We reverse the district court’s dismissal for lack of personal jurisdiction, decline to uphold the dismissal on the alternative ground of forum non conveniens, and remand to the district court for further proceedings.

I. Background

We review de novo a district court’s determination that it does not have personal jurisdiction over a defendant. See Myers v. Bennett Law Offices, 238 F.3d 1068, 1071 (9th Cir.2001). Where defendants move to dismiss a complaint for lack of personal jurisdiction, plaintiffs bear the burden of demonstrating that jurisdiction is appropriate. See Sher v. Johnson, 911 F.2d 1357, 1361 (9th Cir.1990). Where, as here, the motion is based on written materials…

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