Molshree Gupta wins series of evidentiary Motions to Quash for Lack of Personal Jurisdiction on behalf of National Nonprofit Corporation

In a series of actions under Code of Civil Procedure section 340.1, in courts all throughout California, Ms. Gupta has successfully briefed and argued evidentiary Motions to Quash for lack of personal jurisdiction on behalf of her client, a National Nonprofit Corporation. Plaintiffs claimed they suffered childhood sexual assault attributable to the operational conduct and employment decisions of local nonprofit youth service organizations, and further attempted to allege liability against the National Nonprofit Corporation through various purported failures by the National Nonprofit Corporation to prevent the same.

Ms. Gupta has successfully met the National Nonprofit Corporation’s evidentiary burden on Motions to Quash to show that jurisdiction is absent, as the National Nonprofit Corporation is not constitutionally “at home” in California and did not consent to jurisdiction in California. Ms. Gupta showed through competent and indisputable evidence that the federally chartered National Nonprofit Corporation is incorporated and domiciled outside of California. In addition, the Courts have routinely agreed with Ms. Gupta that the National Nonprofit Corporation’s own governing documents establish it cannot control the operational conduct or employment decisions of affiliated local member organizations, which are wholly independent and incorporated in California, and operate pursuant to the governance decisions of their independent boards of directors. Further, the courts have routinely agreed with Ms. Gupta that plaintiffs in these actions have failed to meet their evidentiary burden on opposition to show that the National Nonprofit Corporation purposely availed itself of the benefits of conducting activities in California or that the harm suffered by them arose out of any unrelated contact between the National Nonprofit Corporation and the state of California.

The foregoing series of winning jurisdictional challenges by Ms. Gupta has helped to successfully implement her client’s national defense litigation strategy throughout the state of California.