Free Motion to Dismiss/Lack of Jurisdiction - District Court of California - California

Case 3:07-cv-02405-L-CAB

Document 3

Filed 01/23/2008

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1 Gerald L. McMahon, Esq. (SBN 036050) 2 3 4 5 6

Monty A. McIntyre, Esq. (SBN 95796) G. Scott Williams, Esq. (SBN 226516) SELTZER CAPLAN McMAHON VITEK A Law Corporation 750 B Street, 2100 Symphony Towers San Diego, California 92101-8177 Telephone: (619) 685-3003 Facsimile: (619) 685-3100

7 Attorneys for Defendants LOWLIFE CORPORATION LIMITED (incorrectly sued as 8 LOWLIFE CORPORATION, LTD); DALE MASTERS; and EBTM plc 9 10 11

UNITED STATES DISTRICT COURT OF CALIFORNIA SOUTHERN DISTRICT REALLY LIKEABLE PEOPLE, INC., a CASE NO. 07 CV 2405 L CAB NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO RULE 12(b)(2)

) ) California Corporation, MACBETH, INC., a ) 13 California corporation, MACBETH OPTICS, ) ) 14 LP, a California limited partnership, and REALLY LIKEABLE PEOPLE II, INC. ) 15 (formerly ATTICUS CLOTHING, INC.), a ) ) 16 California corporation, ) 17 Plaintiffs, ) ) 18 vs. ) ) 19 LOWLIFE CORPORATION, LTD, an ) 20 English limited company, EVERYTHING ) ) 21 BUT THE MUSIC, plc, an English corporation, DALE MASTERS, an ) 22 individual, and DOES 1 through 25, ) inclusive, ) 23 ) ) Defendants. 24 )
12 Delaware corporation, LOSERKIDS, INC., a 25 26 27 TO: 28

Date: Time: Courtroom: Judge:

March 3, 2008 10:30 a.m. 14 Hon. M. James Lorenz

ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO RULE 12(b)(2)

CASE NO. 07 CV 2405 L CAB

Case 3:07-cv-02405-L-CAB

Document 3

Filed 01/23/2008

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1

PLEASE TAKE NOTICE that on March 3, 2008, at 10:30 a.m. in Courtroom 14 of the

2 above-entitled court, located at 940 Front Street, San Diego, California, Defendant EBTM plc 3 will and hereby does move the Court for an order dismissing the complaint on the basis of lack 4 of personal jurisdiction over EBTM. 5

This motion is made on the grounds that Defendant EBTM is a foreign corporation, was

6 served with summons outside of the United States, and lacks sufficient contacts, ties, or 7 relations with California that are required by due process of law to support this court's exercise 8 of personal jurisdiction over EBTM. 9

This motion is based upon this notice, the accompanying memorandum of points and

10 authorities, the declarations of Richard Breeden and Monty A. McIntyre, Esq., and all 11 attachments thereto, and all papers and pleadings on file in this action. 12 13 Dated: January 23, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO RULE 12(b)(2)

SELTZER CAPLAN McMAHON VITEK

By: /s/ Monty A. McIntyre Gerald L. McMahon Monty A. McIntyre G. Scott Williams Attorney for Defendants LOWLIFE CORPORATION LIMITED, DALE MASTERS; and EBTM plc

CASE NO. 07 CV 2405 L CAB