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.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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