Phillips

Paycom Billing Services Inc. v. Phillips

Good Law
160 F. App'x 596
United States Court of Appeals for the Ninth CircuitDecember 21, 2005No. 04-55409; D.C. No. CV-01-06868-SJOCalifornia853 words

Opinion

Lead Opinion

Berzon, J.

MEMORANDUM **

Paycom Billing Services, Inc. appeals the decisions of the district court, which dismissed as to IBM Denmark and granted summary judgment as to International Business Machines Corporation (IBM Corp.). We affirm.

(1) The district court dismissed Pay-corn’s action against IBM Denmark, a foreign corporation, for lack of personal jurisdiction. 1 California’s long arm statute extends jurisdiction to the limits of what is permitted by the United States Constitution, 2 and here that required meeting the elements of the specific jurisdiction due process tests. See Harris Rutsky, 328 F.3d at 1129; Core-Vent Corp. v. Nobel Indus. AB, 11 F.3d 1482, 1485 (9th Cir. 1993). We agree with the district court that Paycom did not make out a prima facie case 3 for jurisdiction and adopt the *598 district court’s decision to that effect in its March 6, 2002, Order Granting Defendant IBM Denmark’s Motion to Dismiss.

(2) The district court entered summary-judgment in favor of IBM Corp. on the basis that Paycom had not shown that IBM Corp. was liable for the actions of IBM Denmark. 4 We affirm the district court decision.

First, Paycom’s failure to argue to the district court that IBM…

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