Solarjuice American, Inc. v. TX-Morrow Construction, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SOLARJUICE AMERICAN, INC., Case No. 23-cv-04869-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

TX-MORROW CONSTRUCTION, INC., Re: Dkt. No. 4 Defendant.

The motion to dismiss is granted because there is no jurisdiction over TX-Morrow. This ruling assumes the reader is familiar with the facts of the case, the applicable legal standard, and the arguments made by the parties. 1. There is no personal jurisdiction over TX-Morrow. TX-Morrow submitted a declaration disputing each of the jurisdictional allegations in the complaint: It claims that TX- Morrow is not registered to do business in California, that it has no construction projects in California, that it entered into contracts with Petersen-Dean related only to properties outside of California, and that it executed those contracts outside of California. Solarjuice did not respond to this declaration with any evidence of its own. Instead, it rested on the disputed allegations in the complaint. That is not enough to defeat TX-Morrow’s jurisdictional challenge. See LNS Enterprises LLC v. Continental Motors, Inc., 22 F.4th 852, 858…