Karen Han v. Yangrai Cho ( 2020 )


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  •                            NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                       MAY 14 2020
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    KAREN C. HAN,                                   No. 19-16073
    Plaintiff-Appellant,            D.C. No. 1:18-cv-00277-HG-KJM
    v.
    MEMORANDUM*
    YANGRAI CHO,
    Defendant-Appellee.
    Appeal from the United States District Court
    for the District of Hawaii
    Helen W. Gillmor, District Judge, Presiding
    Submitted May 6, 2020**
    Before:      BERZON, N.R. SMITH, and MILLER, Circuit Judges.
    Karen C. Han appeals pro se the district court’s judgment dismissing her
    diversity action alleging fraud and civil conspiracy claims. We have jurisdiction
    under 28 U.S.C. § 1291. We review de novo a dismissal for lack of personal
    jurisdiction. CollegeSource, Inc. v. AcademyOne, Inc., 
    653 F.3d 1066
    , 1073 (9th
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Cir. 2011). We affirm.
    The district court properly dismissed Han’s action for lack of personal
    jurisdiction because Han failed to allege facts sufficient to establish that defendant
    Cho had continuous and systematic contacts with Hawaii to establish general
    personal jurisdiction, or sufficient minimum contacts with Hawaii to provide the
    court with specific personal jurisdiction over Cho. See CollegeSource, 
    Inc., 653 F.3d at 1074-76
    (discussing requirements for general and specific personal
    jurisdiction).
    The district court did not abuse its discretion in denying Han’s motion for
    reconsideration because Han failed to establish any basis for relief. See Sch. Dist.
    No. 1J Multnomah Cty., Or. v. ACandS, Inc., 
    5 F.3d 1255
    , 1262-63 (9th Cir. 1993)
    (setting forth standard of review and grounds for reconsideration under Federal
    Rule of Civil Procedure 59(e)).
    The district court did not abuse its discretion in denying Han’s request for
    jurisdictional discovery because Han failed to demonstrate that the requested
    discovery would have yielded “jurisdictionally relevant facts.” Boschetto v.
    Hansing, 
    529 F.3d 1011
    , 1020 (9th Cir. 2008) (setting forth standard of review and
    explaining that the denial of a request for jurisdictional discovery “based on little
    more than a hunch that it might yield jurisdictionally relevant facts [is] not an
    abuse of discretion”).
    2                                     19-16073
    The district court did not abuse its discretion by dismissing Han’s complaint
    without leave to amend because amendment would have been futile. See
    Cervantes v. Countrywide Home Loans, 
    656 F.3d 1034
    , 1041 (9th Cir. 2011)
    (setting forth standard of review and explaining that a district court may deny leave
    to amend if amendment would be futile).
    AFFIRMED.
    3                                   19-16073