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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
Bosheng Zhou, Esq. (SBN: 353688) COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Bosheng.Zhou@wilsonelser.com
WILSON, ELSER, MOSKOWITZ, 1/29/2024 12:10 PM
EDELMAN & DICKER LLP By: Ariel Barajas, DEPUTY
555 South Flower Street, Suite 2800
Los Angeles, California 90071
Telephone: (213) 330-8845
Facsimile: (213) 443-5101
Attorneys for Cross—Defendant,
POWERMAX ELECTRIC CO., LTD. GUANGDONG
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO JUSTICE CENTER -
10 STATE FARM GENERAL INSURANCE ) Case No.2 CIVSB21 1 1551
11
COMPANY, )
) Action Filed: April 19, 2021
12 Plaintiff, ) JUDGE: Hon. Janet Frangie
)
13 V. ) NOTICE OF MOTION AND MOTION OF
)
SPECIALLY APPEARING CROSS-
14
AIR VENT, INC., and DOES 1-20 Inclusive )
DEFENDANT POWERMAX ELECTRIC
COMPANY, LTD. GUANGDONG, TO
15
Defendants.
)
QUASH SERVICE OF SUMMONS OF,
)
AIR VENT, INC.’S CROSS-COMPLAINT
16 ) BASED UPON LACK OF PERSONAL
) JURISDICTION; MEMORANDUM OF
17
) POINTS AND AUTHORITIES
AIR VENT, INC., )
18 [Filed Concurrently with Notice ofMotion;
)
and Briefin Support ofMotion t0 Dismissfor
Cross—Complainant. )
19 Lack ofPersonal Jurisdiction]
V. )
20 )
POWERMAX ELECTRIC CO., LIMITED, ) DATE: April 2, 2024
21 GUANGDONG; DM (ASIA) LTD; KING OF ) TIME: 8:30 A.M.
FANS, INC. and ROES 1-50, inclusive, ) DEPT. S33
22
)
23 Cross—Defendants. )
24
25
26
27
1
28 MOTION OF CROSS-DEFENDANT POWERMAX ELECTRIC COMPANY, LTD. GUANGDONG TO DISMISS CROSS-
COMPLAINT BASED UPON LACK OF PERSONAL JURISDICTION
292291 734V.2
292291 734V.2
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Defendant Powermax Electric Co. Ltd. Guangdong
(“Powermax”) will specially appear on April 2, 2024 at 8:30 a.m. in Department S33 of the
4;
above-entitled Court, located at 247 W. 3rd Street, San Bernardino, CA 92415 for the purpose of
making this motion only, and in doing so will move this Court for an order t0 quash service of
NONUI
summons and dismiss Air Vent Inc.’s Cross—Complaint insofar as asserted against Powermax.
Powermax brings this motion pursuant to California Code 0f Civil Procedure §§ 418. 10
and 1167.4(a), and established constitutional maxims, on the ground that this Court lacks
jurisdiction over Powermax because it does not have the requisite minimum contacts required t0
10 bring it within the jurisdiction of this Court and is not domiciled, a citizen, 0r at home in the
11 of California.
state
12 This motion is based upon this Notice 0f Motion, the Memorandum 0f Points and
13 Authorities in support thereof, the Declaration of Stephy Tsui in support thereof, all of the
14 pleadings and papers filed in this matter, and such further oral and documentary evidence that
15
may be presented at the time 0f the hearing.
16
17 Dated: January 29, 2024 WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
18
19
20
21
ng*9flw
Bosheng Zhou for Cross—Defendant
22 POWERMAX ELECTRIC C0,, LTD.
GUANGDONG
23
24
25
26
27
2
28 MOTION 0F CROSS-DEFENDANT POWERMAX ELECTRIC COMPANY, LTD. GUANGDONG TO DISMISS CROSS-
COMPLAINT BASED UPON LACK OF PERSONAL JURISDICTION
292291 734V.2
292291 734V.2
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA Bosheng Zhou, Esq. (SBN: 353688) COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Bosheng.Zhou@wilsonelser.com WILSON, ELSER, MOSKOWITZ, 1/29/2024 12:10 PM EDELMAN & DICKER LLP By: Ariel Barajas, DEPUTY 555 South Flower Street, Suite 2800 Los Angeles, California 90071 Telephone: (213) 330-8845 Facsimile: (213) 443-5101 Attorneys for Cross—Defendant, POWERMAX ELECTRIC CO., LTD. GUANGDONG SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO JUSTICE CENTER - 10 STATE FARM GENERAL INSURANCE ) Case No.2 CIVSB21 1 1551 11 COMPANY, ) ) Action Filed: April 19, 2021 12 Plaintiff, ) JUDGE: Hon. Janet Frangie ) 13 V. ) NOTICE OF MOTION AND MOTION OF ) SPECIALLY APPEARING CROSS- 14 AIR VENT, INC., and DOES 1-20 Inclusive ) DEFENDANT POWERMAX ELECTRIC COMPANY, LTD. GUANGDONG, TO 15 Defendants. ) QUASH SERVICE OF SUMMONS OF, ) AIR VENT, INC.’S CROSS-COMPLAINT 16 ) BASED UPON LACK OF PERSONAL ) JURISDICTION; MEMORANDUM OF 17 ) POINTS AND AUTHORITIES AIR VENT, INC., ) 18 [Filed Concurrently with Notice ofMotion; ) and Briefin Support ofMotion t0 Dismissfor Cross—Complainant. ) 19 Lack ofPersonal Jurisdiction] V. ) 20 ) POWERMAX ELECTRIC CO., LIMITED, ) DATE: April 2, 2024 21 GUANGDONG; DM (ASIA) LTD; KING OF ) TIME: 8:30 A.M. FANS, INC. and ROES 1-50, inclusive, ) DEPT. S33 22 ) 23 Cross—Defendants. ) 24 25 26 27 1 28 MOTION OF CROSS-DEFENDANT POWERMAX ELECTRIC COMPANY, LTD. GUANGDONG TO DISMISS CROSS- COMPLAINT BASED UPON LACK OF PERSONAL JURISDICTION 292291 734V.2 292291 734V.2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant Powermax Electric Co. Ltd. Guangdong (“Powermax”) will specially appear on April 2, 2024 at 8:30 a.m. in Department S33 of the 4; above-entitled Court, located at 247 W. 3rd Street, San Bernardino, CA 92415 for the purpose of making this motion only, and in doing so will move this Court for an order t0 quash service of NONUI summons and dismiss Air Vent Inc.’s Cross—Complaint insofar as asserted against Powermax. Powermax brings this motion pursuant to California Code 0f Civil Procedure §§ 418. 10 and 1167.4(a), and established constitutional maxims, on the ground that this Court lacks jurisdiction over Powermax because it does not have the requisite minimum contacts required t0 10 bring it within the jurisdiction of this Court and is not domiciled, a citizen, 0r at home in the 11 of California. state 12 This motion is based upon this Notice 0f Motion, the Memorandum 0f Points and 13 Authorities in support thereof, the Declaration of Stephy Tsui in support thereof, all of the 14 pleadings and papers filed in this matter, and such further oral and documentary evidence that 15 may be presented at the time 0f the hearing. 16 17 Dated: January 29, 2024 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 18 19 20 21 ng*9flw Bosheng Zhou for Cross—Defendant 22 POWERMAX ELECTRIC C0,, LTD. GUANGDONG 23 24 25 26 27 2 28 MOTION 0F CROSS-DEFENDANT POWERMAX ELECTRIC COMPANY, LTD. GUANGDONG TO DISMISS CROSS- COMPLAINT BASED UPON LACK OF PERSONAL JURISDICTION 292291 734V.2 292291 734V.2