Marani v. Cramer

Background

Kevin Marani is the plaintiff in this case. The order concerns defendants Mark Cramer, Florence Cramer, and Scott Cramer. The court previously granted those defendants’ two motions to dismiss for lack of personal jurisdiction. The court had stated that Mark and Florence Cramer were Canadian citizens living in Calgary, Alberta, and that Scott Cramer was a Canadian citizen living in Vancouver, British Columbia. It also stated that the allegations did not establish that their actions were directed at California.

Marani then filed a second amended complaint. The three defendants filed an answer rather than another motion to dismiss. They later reported that they could no longer afford an attorney and were proceeding without lawyers. Marani filed a motion for summary judgment.

Court’s Action

At a November 14, 2023 hearing, the court denied Marani’s summary-judgment motion without prejudice on the record. The court said one reason was uncertainty about whether Marani had established personal jurisdiction over Mark, Florence, and Scott Cramer. The court also indicated that the defendants had not waived their personal-jurisdiction defense because they had raised it twice. The opinion cites a prior related proceeding for that point.

Order to Show Cause and Deadlines

The court ordered Marani to show why Mark, Florence, and Scott Cramer should not be dismissed for lack of personal jurisdiction. Marani was given 60 days from the order’s date to conduct discovery on personal jurisdiction. The order required a supplemental brief of no more than six pages by February 2, 2024; allowed the defendants to file a response of no more than six pages by February 12, 2024; and set February 20, 2024, as the reply deadline, with the reply limited to three pages. The order did not decide whether the three defendants would ultimately be dismissed.