Bernard Picot v. Dean D. Weston

780 F.3d 1206 (9th Cir. 2015) · United States Court of Appeals for the Ninth Circuit · March 19, 2015 · No. No. 12-17098

Summary

The Ninth Circuit affirmed dismissal of a diversity action for lack of personal jurisdiction over a Michigan defendant. The court held that the defendant did not purposefully avail himself of conducting activities in California through the alleged oral agreement or his limited California trips, and did not expressly aim his alleged tortious interference at California. The court therefore concluded that specific personal jurisdiction was lacking for both the declaratory judgment and intentional interference claims.

Court
United States Court of Appeals for the Ninth Circuit
Writing for the Court
A. Wallace Tashima; Richard A. Paez; Gordon J. Quist
Jurisdiction
Federal
Decision date
March 19, 2015
Docket number
No. 12-17098
Procedural posture
Picot appealed the Northern District of California's dismissal of his diversity action for lack of personal jurisdiction.
Standard of review
The Ninth Circuit reviewed de novo the dismissal for lack of personal jurisdiction. Because the district court held no evidentiary hearing, Picot needed only to make a prima facie showing of jurisdictional facts, with uncontroverted allegations taken as true and factual disputes resolved in his favor.
Precedential value
published precedential Ninth Circuit opinion
Parties
Bernard Picot v. Dean D. Weston
Disposition
affirmed

Topics

personal jurisdictioncivil procedureappellate procedurebreach of contractintentional interference with contract

Practice areas

civil procedurepersonal jurisdictioncontractstorts

Questions Presented

  1. Whether California courts could exercise specific personal jurisdiction over Weston on Picot's declaratory judgment claim concerning the alleged oral agreement.
  2. Whether California courts could exercise specific personal jurisdiction over Weston on Picot's intentional-interference-with-contract claim.

Holdings

  1. Weston's alleged oral agreement and his two trips to California did not establish that he purposefully availed himself of the privilege of conducting activities in California, and therefore did not create sufficient minimum contacts for specific personal jurisdiction.
  2. Weston did not expressly aim his alleged intentional interference at California because his conduct occurred in Michigan, involved communications with persons and entities outside California, and caused an injury not meaningfully tethered to California.

Key quotations

Accordingly, we hold that the oral agreement and Weston’s two trips to California did not create sufficient minimum contacts to subject him to personal jurisdiction there. (780 F.3d at 1216)
Weston neither purposefully availed himself of the privilege of conducting activities in California nor expressly aimed his conduct at California. (780 F.3d at 1219)

Factual background

Picot, a California resident, and Weston, a Michigan resident, worked with Manos to develop and market an electrolyte technology. Weston claimed that an oral agreement entitled him to compensation and a one-third share of sale proceeds; Picot denied that any agreement existed. Weston performed most of his alleged contractual work in Michigan, made two short trips to California for demonstrations, and later allegedly interfered with Picot and Manos's sale of the technology to HMR by making statements from Michigan to individuals and entities outside California.

Procedural history

Picot and Paul David Manos sued Weston in California state court seeking a declaration that no oral agreement existed and damages for intentional interference with a sales contract. Weston removed the action to the United States District Court for the Northern District of California, moved to dismiss for lack of personal jurisdiction and improper venue, and alternatively sought transfer to the Eastern District of Michigan. The district court dismissed for lack of personal jurisdiction and denied the transfer motion as moot. Picot, but not Manos, timely appealed.

Court Document

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