Judge William Q. Hayes of the Southern District of California granted the defendants’ motion to dismiss, insofar as it seeks transfer of this case to Guam.
The court directed the clerk of court to transfer the case to Guam.
Hayes said the court lacked “personal jurisdiction over defendants.”
“The court finds that the District of Guam, where defendants admit they have resided and where a portion of the services at issue were performed, could have exercised jurisdiction at the time this action was filed,” Hayes said.
He added, “There is no evidence to suggest that plaintiff filed its case in this court in bad faith, and the court finds it would be ‘time-consuming and justice-defeating’ to require plaintiff to re-file its case in the district of Guam.”
“The court finds that transfer to the district of Guam is in the interest of justice,” Hayes said.
In June 2010, Allied Marine Surveyors, which is based on Saipan, sued the defendants, claiming for non-payment of $307,020.26 which included principal and interest.
On June 20, 2011, the plaintiff filed its second amended complaint. The sole claim alleged was for breach of contract.
The defendants moved for the dismissal of the lawsuit for lack of personal jurisdiction.
The defendants, in the alternative, asked for the case’s transfer to Guam.
