KENNETH S. USTON, PLAINTIFF-APPELLANT,
v.
GRAND RESORTS, INC., A CORPORATION, DEFENDANT-APPELLEE
KENNETH S. USTON, PLAINTIFF-APPELLANT,
GRAND RESORTS, INC., A CORPORATION, DEFENDANT-APPELLEE
564 F.2d 1217
United States Court of Appeals for the Ninth Circuit (1977)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
The district court’s dismissal of the action for lack of personal jurisdiction over the defendant is affirmed. The alleged activities of Grand Resorts in the State of California, upon which Uston relies for jurisdiction under the California long-arm statute, were flatly denied in affidavits submitted by Grand Resorts. Uston submitted no counter-affidavits, but relied instead upon advertising brochures which did nothing to rebut the corporate denials of activities within California. Uston, of course, had the burden of establishing the jurisdictional facts once they were challenged in an appropriate way. Taylor v. Portland Paramount Corp., 383 F. 2d 634, 639 (9th Cir. 1967). He failed to meet that burden.
The fact that Grand Resorts’ parent corporation does business in California does not alter the result. Nothing in the record indicates that the formal separation between parent and subsidiary is not scrupulously maintained. Thus, the activities of the parent are irrelevant to the issue of jurisdiction over the absent subsidiary. Cannon Mfg. Co. v. Cudahy Packing Co., 267 U.S. 333, 45 S.Ct. 250, 69 L.Ed. 634 (1925); Baird v. Day & Zimmerman, Inc., 390 F.Supp. 883 (S.D.N.Y.1974), aff’d without opinion, 510 F. 2d 968 (2d Cir. 1975); Rivera v. New Jersey Bell Tel. Co., 340 F.Supp. 660 (E.D.N.Y.1972).
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Forsythe v. Overmyer, 576 F.2d 779 (9th Cir. 1978)
-
Church OF Scientology OF Cal. v. Adams, 584 F.2d 893 (9th Cir. 1978)
-
Transure, Inc. v. Marsh & McLENNAN, Inc., 766 F.2d 1297 (9th Cir. 1985)
Authorities Cited
- Cannon Mfg. Co. v. Cudahy Packing Co., 267 U.S. 333 (U.S. 1925)
- Taylor v. Portland Paramount Corp., 383 F.2d 634 (9th Cir. 1967)