The following excerpt is from Kormylo v. Forever Resorts, LLC, CASE NO. 13-cv-511 JM (WVG) (S.D. Cal. 2015):
Federal Rule of Civil Procedure 12(b)(2) allows litigants to move to dismiss a case for lack of personal jurisdiction. "The party seeking to invoke the court's jurisdiction bears the burden of establishing that jurisdiction exists." Scott v. Breeland, 792 F.2d 925, 927 (9th Cir. 1986). When a defendant has moved to dismiss for lack of personal jurisdiction, "the plaintiff is obligated to come forward with facts, by affidavit or otherwise, supporting personal jurisdiction." Id. (internal quotation marks omitted).
When, as is the case here, the motion is based on written materials and not
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