Air Machine Com SRL v. Superior Court
California Court of Appeal
112 Cal. Rptr.3d 482 (2010)
Relevant factsFree
Two Italian companies (defendants) moved to quash service for lack of personal jurisdiction in a California suit brought by Sukumar (plaintiff), and while that motion was pending, they served a statutory settlement offer under Civil Procedure Code § 998. The trial court ruled that serving the settlement offer constituted a general appearance, waiving the personal-jurisdiction challenge.
IssueFree
Whether a defendant that has filed a motion to dismiss for lack of personal jurisdiction may, at the same time or later, take other litigation actions without making a waiving general appearance.