Kytsa Enterprise Co. Ltd., dba Ozark v. MJD Industries, LLC, dba Ares Tool, et al.

MOTION TO QUASH SERVICE OF SUMMONS FOR LACK OF PERSONAL JURISDICTION

MOVING PARTY: Defendant MJD Industries, LLC, dba Ares Tool

RESPONDING PARTY(S): Plaintiff Kytsa Enterprise Co., Ltd.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a breach of contract case. Plaintiff, a seller of tools on Amazon, alleges that Defendants owe them $360,267.11 for tools that it shipped and delivered to a third party in accordance with Defendants’ purchase orders and instructions.

Defendant MJD Industries, LLC, dba Ares Tool, moves to quash the service of the summons for lack of personal jurisdiction.

TENTATIVE RULING:

Defendant MJD Industries, LLC, dba Ares Tool’s motion to quash service of the summons is DENIED.

Defendant is to respond to the complaint within 30 days of the date of this Order.

DISCUSSION:

Special Appearance

No motion under CCP § 418.10 “shall be deemed a general appearance by the def