“For a Colorado court to exercise jurisdiction over a non-resident defendant, the court must comply with Colorado's long-arm statute and constitutional due process.” (See Align Corp. Ltd. v. Allister Mark Boustred (2017) 421 P.3d 163, 167.)
“Colorado's long-arm statute confers upon Colorado courts personal jurisdiction over any person who or entity that creates certain contacts with Colorado by, among other things, transacting business within the state or committing a tortious act within the state, either personally or through an agent.” (See Goettman v. North Fork (2008) 176 P.3d 60, 67.)
“Personal jurisdiction may be either general or specific. General jurisdiction permits a court to exercise jurisdiction over any dispute, even one arising from non-forum contacts, but only when the defendant has had "continuous and systematic general business contacts." (See Etchieson v. Central Purchasing LLC (2010) 232 P.3d 301, 305.)
“Specific jurisdiction permits the court to exercise jurisdiction only over claims that "arise out of or relate to" the defendant's contacts with the forum.” (See id)
“The defenses of insufficiency of process and lack of jurisdiction over the person are defenses which may be made by motion under C.R.C.P. 12(b).” (See County Comm. v. Dist. Ct. (1970) 172 Colo. 311, 313.)
“The defense of personal jurisdiction, unlike the defense of subject matter jurisdiction, must be timely asserted by a defendant.” (See C.R.C.P. 12(b); Brown v. Silvern (2005) 141 P.3d 871, 873; Lohman v. Lohman (2015) 361 P.3d 1110, 1114.)
“If not, it is waived.” (See id.)
“Thus, if a defendant defaults in the forum court and collaterally challenges the judgment in the enforcement court, the defendant nevertheless waives the defense of personal jurisdiction if the defendant does not timely assert it in the recognition or enforcement proceedings.” (See id.)
“Whether a court may exercise personal jurisdiction over a defendant is a question of law, which we review de novo.” (See Align Corp. Ltd. v. Allister Mark Boustred (2017) 421 P.3d 163, 167.)
“We also review de novo a trial court's ruling on a motion to dismiss.” (See Giduck v. Niblett (2014) 408 P.3d 856, 862.)
“A trial court may decide a motion to dismiss under C.R.C.P. 12(b)(2) solely on documentary evidence, including allegations in the complaint, which must be taken as true unless contradicted by other evidence, affidavits, or other written submissions from the parties.” (See Goettman v. N. Fork Valley Rest. (2007) 176 P.3d 60, 65–66; Archangel Diamond Corp. v. Lukoil (2005) 123 P.3d 1187, 1193; Giduck v. Niblett (2014) 408 P.3d 856, 862.)
“When a trial court decides the motion on documentary evidence alone, the plaintiff need only make a prima facie showing of personal jurisdiction by raising a reasonable inference that the court has jurisdiction over the defendant. Conflicts in the evidence must be resolved in favor of the plaintiff.” (See Giduck v. Niblett (2014) 408 P.3d 856, 862.)
It is well settled that “in adopting the long-arm statute, the General Assembly intended to extend the personal jurisdiction of Colorado's courts to the maximum limits permissible under the United States and Colorado Constitutions.” (See In re Parental Resp. of H.Z.G (2003) 77 P.3d 848, 851.)
It is also well settled that “to meet the requirements of due process, [and be subject to personal jurisdiction] a defendant must have certain minimum contacts with the forum state so that he may foresee being answerable in court there." (See Giduck v. Niblett (2014) 408 P.3d 856, 862.)
Jan 03, 2023
Dismissal
Denver County
Denver County, CO
Dec 05, 2022
Dismissal
Hon. J Eric Elliff
Denver County
Denver County, CO
Aug 23, 2022
Dismissal
Denver County
Denver County, CO
Jul 13, 2022
Arapahoe County
Arapahoe County, CO
Mar 29, 2022
Other
Denver County
Denver County, CO
Feb 21, 2022
Dismissal
Pueblo County
Pueblo County, CO
Feb 14, 2022
Default Judgment
Hon. Timothy Michael O'shea
Pueblo County
Pueblo County, CO
Nov 19, 2021
Dismissal
Arapahoe County
Arapahoe County, CO
Oct 06, 2021
Dismissal
Adams County
Adams County, CO
Jul 23, 2021
Bankruptcy
Denver County
Denver County, CO
Jul 08, 2021
Jefferson County
Jefferson County, CO
May 13, 2021
Judgment on the Pleadings
Arapahoe County
Arapahoe County, CO
Mar 24, 2021
Appealed
El Paso County
El Paso County, CO
Mar 11, 2021
Default Judgment
Douglas County
Douglas County, CO
Mar 02, 2021
Dismissal
Douglas County
Douglas County, CO
Mar 01, 2021
Bankruptcy
Denver County
Denver County, CO
Jan 26, 2021
Dismissal
Boulder County
Boulder County, CO
Jan 22, 2021
Non-Jury Verdict
Park County
Park County, CO
Jan 13, 2021
Dismissal
Boulder County
Boulder County, CO
Dec 31, 2020
Dismissal
Weld County
Weld County, CO
Dec 22, 2020
Appealed
Denver County
Denver County, CO
Nov 25, 2020
Dismissal
Hon. J Eric Elliff
Denver County
Denver County, CO
Nov 18, 2020
Dismissal
Denver County
Denver County, CO
Oct 26, 2020
Summary Judgment
Hon. Juan G Villasenor
Larimer County
Larimer County, CO
Oct 21, 2020
Dismissal
Jefferson County
Jefferson County, CO
Oct 14, 2020
Dismissal
Arapahoe County
Arapahoe County, CO
Sep 30, 2020
Dismissal
Jefferson County
Jefferson County, CO
Sep 18, 2020
Appealed
Denver County
Denver County, CO
Sep 08, 2020
Dismissal
Hon. J Eric Elliff
Denver County
Denver County, CO
Sep 02, 2020
Dismissal
Arapahoe County
Arapahoe County, CO
Jul 19, 2020
Dismissal
Douglas County
Douglas County, CO
Jul 15, 2020
Dismissal
Adams County
Adams County, CO
Jul 14, 2020
Dismissal
Douglas County
Douglas County, CO
Jun 26, 2020
Dismissal
Adams County
Adams County, CO
Jun 23, 2020
Judgment on Appeal
Arapahoe County
Arapahoe County, CO
Apr 15, 2020
Dismissal
Boulder County
Boulder County, CO
Mar 23, 2020
Dismissal
Boulder County
Boulder County, CO
Mar 18, 2020
Dismissal
Jefferson County
Jefferson County, CO
Mar 11, 2020
Dismissal
Denver County
Denver County, CO
Mar 04, 2020
Dismissal
Douglas County
Douglas County, CO
Feb 28, 2020
Dismissal
Jefferson County
Jefferson County, CO
Feb 24, 2020
Consolidation
Hon. J Eric Elliff
Denver County
Denver County, CO
Feb 19, 2020
Dismissal
Adams County
Adams County, CO
Dec 04, 2019
Dismissal
Arapahoe County
Arapahoe County, CO
Nov 27, 2019
Dismissal
Arapahoe County
Arapahoe County, CO
Oct 18, 2019
Dismissal
El Paso County
El Paso County, CO
Oct 09, 2019
Dismissal
Hon. J Eric Elliff
Denver County
Denver County, CO
Oct 04, 2019
Dismissal
Denver County
Denver County, CO
Aug 09, 2019
Dismissal
Jefferson County
Jefferson County, CO
Aug 08, 2019
Arapahoe County
Arapahoe County, CO
Aug 07, 2019
Dismissal
Eagle County
Eagle County, CO
Jul 28, 2019
Consolidation
Hon. A. BRUCE JONES ASS
Denver County
Denver County, CO
Jul 19, 2019
Dismissal
Denver County
Denver County, CO
Jul 02, 2019
Appealed
Montezuma County
Montezuma County, CO
Jul 01, 2019
Dismissal
Arapahoe County
Arapahoe County, CO
Jun 05, 2019
Consolidation
Hon. A. Bruce Jones Ass
Denver County
Denver County, CO
May 31, 2019
Dismissal
Denver County
Denver County, CO
May 30, 2019
Dismissal
Denver County
Denver County, CO
May 28, 2019
Dismissal
Hon. Timothy Michael O'shea
Pueblo County
Pueblo County, CO
May 28, 2019
Dismissal
Jefferson County
Jefferson County, CO
May 28, 2019
Dismissal
Denver County
Denver County, CO
May 01, 2019
Dismissal
Jefferson County
Jefferson County, CO
Apr 12, 2019
Dismissal
Hon. Michelle Anne Chostner
Pueblo County
Pueblo County, CO
Apr 11, 2019
Settlement
El Paso County
El Paso County, CO
Apr 02, 2019
Dismissal
Hon. Michelle Anne Chostner
Pueblo County
Pueblo County, CO
Mar 29, 2019
Appealed
Denver County
Denver County, CO
Mar 21, 2019
Dismissal
Denver County
Denver County, CO
Mar 06, 2019
Dismissal
Boulder County
Boulder County, CO
Feb 26, 2019
Dismissal
Weld County
Weld County, CO
Feb 26, 2019
Dismissal
Denver County
Denver County, CO
Feb 18, 2019
Dismissal
El Paso County
El Paso County, CO
Feb 13, 2019
Settlement
El Paso County
El Paso County, CO
Feb 07, 2019
Dismissal
Denver County
Denver County, CO
Feb 06, 2019
Dismissal
Denver County
Denver County, CO
Jan 03, 2019
Dismissal
El Paso County
El Paso County, CO
Dec 27, 2018
Dismissal
Hon. J Eric Elliff
Denver County
Denver County, CO
Dec 27, 2018
Dismissal
El Paso County
El Paso County, CO
Dec 17, 2018
Arapahoe County
Arapahoe County, CO
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