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Hotz Files Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue

By Pamela Jones et al.

George Hotz's lawyers said they'd file a motion to dismiss for lack of personal jurisdiction and improper venue, and they have just done it. They ask not only that the temporary restraining order and impoundment order be dismissed, but that the complaint be dismissed as well. Hotz did nothing in California, they state:

Mr. Hotz is a resident of New Jersey, and he lacks sufficient contacts with California to confer personal jurisdiction over Mr. Hotz and venue is improper....Due Process requires that, in order for a forum to exercise personal jurisdiction over a nonresident defendant, that "he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice'."...

In the present case, SCEA cannot demonstrate that Mr. Hotz's activity could even arguably be construed as expressly aimed at California. To the contrary, the sole alleged activity in this action involves Mr. Hotz-- who is located in New Jersey-- purportedly improperly accessing portions of his own Playstation computer-- which is also located in New Jersey. The Playstation computer is not made by SCEA. It is made by Sony Inc. which is a Japanese corporation.

The Japanese company is not a party to this litigation.

Full post as published by Groklaw on February 03, 2011 (boomark / email).