Hearing: DYLAN DONNELLY -V- EASTWOOD GARAGE, ETA AL Print

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                        1   Todd M Sorrell     175143
                             tsorrell a afrct com

                        2   Matthew     Pero     130746
                                                                                                     F I      E D
                             mperona afrct com                                                                R
                            ANGLiN FLEWELLING RASMUSSEN
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                                           TRYTT N LLP
                                                                                           AN            RN   NN      16TF IC
                             CAMPBELL
                            301 N Lake Ave Suite 1100
                        4                                                                            OC           b 2017
                            Pasadena CA 91101 4158
                            Telephone  626 535 1900
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                            Facsimile 626 577 7764                                         Y
                                                                                               GM1AF l    w         pCat   9 P4 l
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                            Attorneys for Defendant
                            Pleasure Way Industries Ltd
                            a Canadian Limited Liability Company
                        g     Pleasure Way
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                F                                SUPERIOR COURT OF THE STATE OF CALIFORNIA

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                                                            COUNTY OF SAN BERNARDINO
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                U           DYLAN      DONNELLY                          Case No     CIVDS 1702333

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                W                          Plaintiff                     Assigned for All Purposes to the Hon Michael A
                                                                         Sachs Dept S28
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                                   v
                a

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                            EASTWOOD GARAGE INC                          PLEASURE WAY INDUSTRIES LTD S
                            MOUNTAIN VIEW TIRE              SERVICE      NOTICE OF MOTION AND MOTION TO
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                W           1NC   PLEASURE WAY INDUSTRIES                DISMISS THE ENTIRE ACTION
                3           LTD MCMAHON S RV SUPERSTORE                  PURSUANT TO C C P  389 DUE TO THE
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                            INC   TREY MITCHELL           and   DOES 1   ABSENCE OF AN INDISPENSABLE PARTY
                z           through 100   Inclusive                      MEMORANDUM OF POINTS AND
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                                                                         AUTHORITIES
                                           Defendants
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                    20                                                    Supporting Declaration of Matthew T Pero and
                                                                         Requestfor Iudicial Notice Filed Concurrently
                    21                                                   herewithJ

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                                                                         Date              November 1             2017
                                                                         Time              8 30 a m
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                                                                         Dept              S28

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                                                                         Actiori Filed         Februarv 8 2017
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            C                                                                         C7


                    26      I O PLAIN 1 IFF DYLAN DONNELLY AND TO HIS ATTORNEYS OF IZECORD AND TO
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                    2       ALL OTHER INTERESTED PARTIES AND TO THEIR ATTORNEYS OF RECORD
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                    28             PLEASE TAKE NOTICE that on November 1           2017 at 8 30 a m               or as soon thereafter



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                                            NOTICE OF MOTION AND MOTION TO DISMISS THE ENTIRE ACTION
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         1   as the matter may be heard in Department S28 of the above entitled Court located at 247 West
         2   Third Street San Bernardino California 92415 0210 defendant Pleasure Way Industries Ltd               a

         3   Canadian Limited      Liability Company      Pleasure   Way    will move and hereby moves for an

         4   order   dismissing   this case without prejudice pursuant to   Code   of   Civil Procedure   389


         5             The basis for the motion is that this court has no personal jurisdiction over an


         6   indispensable party    to the   lawsuit   defendant Eastwood Garage Inc          Eastwood     Eastwood s


         7   motion to quash service of the summons on Eastwood was granted on July 11 2017 The motion

         8   to quash service of the summons on Eastwood was granted because there was no constitutionally
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    F    9   sufficient basis for the State of California to exercise personal jurisdiction over Eastwood an


        10   Arkansas business Eastwood was an alleged tortfeasor in this negligence and products liability
        11   action which stems from an automobile accident that occurred in November 2016 Only two
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        12   months before the accident occurred Eastwood performed extensive maintenance and repairs on
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        13   the vehicle including repairs to the vehicle s left rear axle It is alleged in the complaint that the

        14   accident involved the vehicle s left rear axle and that Eastwood s deficient and defective repairs

        15   caused the subject accident
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        16             Because the court lacks jurisdiction over Eastwood and since it is apparent that Eastwood

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        17   will not voluntarily submit to the jurisdiction of this court it is inequitable to allow this action to
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        18   proceed where the other defendants may be held liable for the actions of a non participating
        19   defendant     Further if this case were to proceed the absence of Eastwood from this action likely

        20   gives rise to multiple lawsuits which will also most likely result in conflicting or contradicting
        21   rulings    Accordingly the Court should exercise its broad discretion to dismiss this action in its

        22   entirety without prejudice


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                               NOTICE OF MOTION AND MOTION TO DISMISS THE ENTIRE ACTION