How have courts treated a motion to dismiss for lack of personal jurisdiction?

We have not treated defects in personal jurisdiction similarly. In Dodd v. Spokane County, 393 F.2d 330 (9th Cir.1968), we acknowledged that the district court erred by ruling on its own sua sponte motion to dismiss for failure to state a claim prior to issuance and service of process. Nonetheless, we determined that it would be pointless to remand where "the fact is that all of the defendants have appeared in this court and plaintiff has here fully presented his arguments in opposition to the district court's order," id. at 335.⁵

[915 F.2d 1235]

Here, both Wages and counsel for all of the defendants appeared in the district court to present arguments not only on the motion to dismiss for lack of personal jurisdiction, but on the motion to dismiss for failure to state a claim as well. Accordingly, the district court did not err by ruling in the alternative on the motion to dismiss for failure to state a claim, and the judgment was not void.

[915 F.2d 1235]