Rosario

I. BACKGROUND

On June 30, 2019, plaintiff Daniel Rosario, a resident of New Jersey, was injured while pumping gasoline on the premises of Mountain Top Market, which is located in San Diego County, California. (Compl. at 2.)2 He alleges that his unspecified injury occurred because defendant “negligently operated and/or maintained and/or controlled their premises.” (Id. at 3.) Rosario filed this case in this court on July 16, 2021. (Id. at 5.) In his initial filing, he included Progressive Garden State Insurance Company as a defendant, but agreed to dismiss that defendant. (DE 11, 12.) On August 31, 2021, Mountain Top Market moved to dismiss for lack of personal jurisdiction, but its filing was deficient. (DE 5, 9.) It filed a new motion to dismiss on October 7, 2021, which is now before the court. Rosario filed a brief in opposition in which he argued against dismissal but in the alternative requested transfer to the United States District Court for the Southern District of California. (DE 11.) This motion is now fully briefed and ripe for decision.

II. STANDARD OF REVIEW

On a Rule 12(b)(2) motion, the plaintiff bears the burden of establishing sufficient facts to show that…