What is the test for a motion to quash service of process for lack of jurisdiction?

California, United States of America


The following excerpt is from Linlor v. Mktg. Labs, LLC, D075750 (Cal. App. 2020):

"Once a defendant moves to quash out-of-state service of process for lack of jurisdiction, the plaintiff has the burden of proving jurisdiction by a preponderance of the evidence. [Citation.] When the evidence conflicts, we review the trial court for abuse of discretion. [Citation.] When the parties do not dispute the facts, we review the issue de novo." (As You Sow v. Crawford Labs. (1996) 50 Cal.App.4th 1859, 1866 (As You Sow).) The facts are not disputed.3 Therefore, we review their legal significance de novo.

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