Opinion

Gohn

Court
District Court, E.D. California
Filed
Jun 3, 2026
Cited by
0 cases
Authority
More cited than 41.7%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 KRISTEN GOHN, No. 2:25-cv-03430-JAM-DMC

12 Plaintiff,

13 v. ORDER GRANTING TRUMARK FINANCIAL

CREDIT UNION’S MOTION TO DISMISS

14 TRUMARK FINANCIAL CREDIT

UNION; TRIVERITY, INC.;

15 EXPERIAN INFORMATION

SOLUTIONS, INC.; TRANS UNION

16 LLC; and EQUIFAX INFORMATION

SERVICES, LLC,

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Defendants.

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19 Plaintiff Kristen Gohn, who became the victim of identity

20 theft in 2021, brings several causes of action against a credit

21 union, debt collector, and the credit reporting agencies,

22 alleging violations of state and federal fair credit reporting

23 and debt collection acts. The credit union in question,

24 Defendant TruMark Financial Credit Union (“TruMark”), which is

25 organized under the laws of and headquartered in Pennsylvania,

26 now moves to dismiss Plaintiff’s claims against it for lack of

27 personal jurisdiction, arguing it lacks sufficient minimum

28 contacts with California to satisfy due process requirements.

1 As discussed further below, the Court agrees and finds that

2 the Court lacks personal jurisdiction over TruMark. Accordingly,

3 the Court grants dismissal of Plaintiff’s claims against TruMark

4 without leave to amend.

5 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

6 Plaintiff, a citizen of California, became aware she was the

7 victim of identity theft in November 2021 when she received a

8 call from Best Buy asking for an individual named “Kristen

9 Roberson,” a name Plaintiff has never used. First Am. Compl.

10 (“FAC”) ¶¶ 28–31, ECF No. 20. Plaintiff subsequently received

11 alerts that multiple hard inquiries had been made on her credit

12 file that she did not authorize. Id. ¶ 32. Plaintiff reviewed

13 her credit reports and discovered multiple accounts, inquiries,

14 addresses, phone numbers, and personal identifiers falsely

15 associated with her, including the name “Kristen Roberson,” a

16 fraudulent address at 4820 Westminster Avenue, Philadelphia, PA

17 19131, and a phone number 302-459-6008. Id. ¶ 33.

18 Of note here, the fraudster opened several accounts at

19 TruMark, a credit union organized under the laws of and

20 headquartered in Pennsylvania. Id. ¶¶ 16, 37; Monari Decl. ¶¶ 6–

21 9, ECF No. 27-1. The fraudster opened credit card account ending

22 4323 on September 22, 2021, which was charged off for more than

23 $15,000; credit account ending 0004 on September 15, 2021, which

24 was charged off for more than $5,800; and credit account ending

25 0001 on September 22, 2021, which was charged off for nearly

26 $15,000. FAC ¶ 37. Those accounts were opened using the false

27 name, false Pennsylvania address, and false phone number listed

28 above. Id. ¶ 42.

1 At the time the fraudulent TruMark accounts were opened,

2 TruMark had accessed and reviewed a consumer credit profile

3 associated with Plaintiff’s Social Security number. Id. ¶ 38.

4 That credit profile identified Plaintiff as a California

5 resident, reflecting longstanding California addresses,

6 California-based credit activity, and a credit history tied to

7 the State of California. Id. ¶ 39. The identity used to open

8 the TruMark accounts did not match Plaintiff’s true legal

9 identity, as Plaintiff’s correct surname is “Rogerson” (a name

10 she has not used since 2019), while the fraudulent applications

11 and accounts listed the surname “Roberson.” Id. ¶ 40. Based on

12 this, Plaintiff alleges that TruMark knew that the identity used

13 to open the accounts belonged to a California citizen, but still

14 permitted the fraudster to open several accounts with the

15 fraudster’s false name, false Pennsylvania address, and false

16 phone number. Id. ¶¶ 41–42.

17 On October 16, 2024, Plaintiff sent a comprehensive written

18 dispute package to Defendants Trans Union LLC, Experian

19 Information Solutions, Inc., and Equifax Information Services,

20 LLC (collectively, the Credit Reporting Agencies, or “CRAs”),

21 which included her identity-theft affidavit, police report,

22 annotated disclosures, identity documents, and proof of

23 residence. Id. ¶ 43. This dispute was transmitted to TruMark

24 through the CRAs. Id. ¶ 44. The CRAs reviewed Plaintiff’s

25 dispute package and verified the “fraudulent” TruMark accounts as

26 belonging to Plaintiff. Id. ¶¶ 45–47. Thus, the TruMark

27 accounts remained on Plaintiff’s credit reports. Id. ¶ 48.

28 Plaintiff alleges the CRAs and TruMark failed to conduct a

1 reasonable investigation into Plaintiff’s dispute, as they

2 ignored “clear” evidence provided by Plaintiff that the accounts

3 were fraudulent. Id. ¶¶ 49–87.

4 Based on these allegations, Plaintiff brings two causes of

5 action against TruMark for (1) Violation of the Fair Credit

6 Reporting Act, 15 U.S.C. §§ 1681-1681x; and (2) Violation of the

7 California Consumer Credit Reporting Agencies Act, Cal. Civ. Code

8 §§ 1785.1 et seq. Id. ¶¶ 122–31. TruMark moves to dismiss these

9 claims under Federal Rules of Civil Procedure 12(b)(2), 12(b)(3),

10 and 12(b)(6) or, alternatively, to transfer venue under 28 U.S.C.

11 § 1404(a) to a district court in Pennsylvania. See Mot. Dismiss

12 or Transfer (“Mot.”), ECF No. 27. This matter is fully briefed

13 and was submitted without oral argument under Local Rule 230(g).

14 See Pl.’s Opp’n (“Opp’n”), ECF No. 33; TruMark’s Reply (“Reply”),

15 ECF No. 36; ECF No. 42.

16 II. LEGAL STANDARD

17 Federal Rule of Civil Procedure 12(b)(2) provides that a

18 defendant may move to dismiss a complaint for lack of personal

19 jurisdiction. Fed. R. Civ. P. 12(b)(2). In opposing a motion to

20 dismiss for lack of personal jurisdiction, the plaintiff bears

21 the burden of establishing jurisdiction is proper. Picot v.

22 Weston, 780 F.3d 1206, 1211 (9th Cir. 2015). Where the

23 defendant’s motion is based on written materials rather than an

24 evidentiary hearing, the plaintiff need only make a prima facie

25 showing of jurisdictional facts to withstand the motion to

26 dismiss. Mavrix Photo, Inc. v. Brand Techs., Inc., 647 F.3d

27 1218, 1223 (9th Cir. 2011).

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1 The court may consider evidence presented in affidavits to

2 assist it in its determination. Doe v. Unocal Corp., 248 F.3d

3 915, 922 (9th Cir. 2001), abrogated on other grounds by Daimler

4 AG v. Bauman, 571 U.S. 117, 126 (2014). “Uncontroverted

5 allegations in the complaint are taken as true, but in the face

6 of a contradictory affidavit, the ‘plaintiff cannot simply rest

7 on the bare allegations of its complaint.’” Yamashita v. LG

8 Chem, Ltd., 62 F.4th 496, 502 (9th Cir. 2023) (quoting Mavrix,

9 647 F.3d at 1223); see also Data Disc, Inc. v. Sys. Tech.

10 Assocs., Inc., 557 F.2d 1280, 1284 (9th Cir. 1977) (a court “may

11 not assume the truth of allegations in a pleading which are

12 contradicted by affidavit”). Rather, the plaintiff must “come

13 forward with facts, by affidavit or otherwise, supporting

14 personal jurisdiction.” Scott v. Breeland, 792 F.2d 925, 927

15 (9th Cir. 1986) (citation omitted).

16 Where, as here, no federal statute authorizes personal

17 jurisdiction, the law of the state in which the district court

18 sits applies. Core-Vent Corp. v. Nobel Indus. AB, 11 F.3d 1482,

19 1484 (9th Cir. 1993). California’s long-arm jurisdictional

20 statute is coextensive with federal due process requirements.

21 Id. Due process requires that the defendant “have certain

22 minimum contacts with [the forum state] such that the maintenance

23 of the suit does not offend ‘traditional notions of fair play and

24 substantial justice.’” Int’l Shoe Co. v. Washington, 326 U.S.

25 310, 316 (1945) (citation omitted). “Depending on the strength

26 of those contacts, there are two forms that personal jurisdiction

27 may take: general and specific.” Picot, 780 F.3d at 1211.

28 ///

1 General jurisdiction exists when the defendant is domiciled

2 in the forum state or has contacts with the forum state that are

3 so “continuous and systematic” as to render the defendant “at

4 home” in that forum. Goodyear Dunlop Tires Operations, S.A. v.

5 Brown, 564 U.S. 915, 919 (2011). Specific jurisdiction exists

6 when a suit arises out of or relates to the defendant’s contacts

7 with the forum. Walden v. Fiore, 571 U.S. 277, 284 (2014). In

8 the Ninth Circuit, specific jurisdiction is determined by a

9 three-prong test: “(1) the defendant must either ‘purposefully

10 direct his activities’ toward the forum or ‘purposefully avail[ ]

11 himself of the privileges of conducting activities in the forum’;

12 (2) ‘the claim must be one which arises out of or relates to the

13 defendant’s forum-related activities’; and (3) ‘the exercise of

14 jurisdiction must comport with fair play and substantial justice,

15 i.e. it must be reasonable.’” Axiom Foods, Inc. v. Acerchem

16 Int’l, Inc., 874 F.3d 1064, 1068 (9th Cir. 2017) (quoting Dole

17 Food Co., Inc. v. Watts, 303 F.3d 1104, 1111 (9th Cir. 2002)).

18 “The plaintiff bears the burden of satisfying the first two

19 prongs of the test[,]” while the burden of the third prong shifts

20 to the defendant. Schwarzenegger v. Fred Martin Motor Co., 374

21 F.3d 797, 802 (9th Cir. 2004). “If any of the three requirements

22 is not satisfied, jurisdiction in the forum would deprive the

23 defendant of due process of law.” Omeluk v. Langsten Slip &

24 Batbyggeri A/S, 52 F.3d 267, 270 (9th Cir. 1995).

25 III. OPINION

26 A. Sanctions

27 As a preliminary matter, the Court notes that Plaintiff’s

28 Opposition is 21 pages in violation of this Court’s Order re

1 Filing Requirements that such filings are limited to 15 pages.

2 See ECF No. 4-2. Thus, the Court will impose monetary sanctions

3 of $50.00 per page, or $300.00, against Plaintiff.

4 B. Personal Jurisdiction

5 TruMark argues that the Court lacks both general and

6 specific personal jurisdiction over TruMark. Mot. at 7–11.

7 TruMark argues that the Court lacks general jurisdiction because

8 TruMark is domiciled in Pennsylvania, not California. Id. at 7–

9 8; see also Monari Decl. ¶¶ 6–9 (attesting that TruMark is

10 organized under the laws of and headquartered in Pennsylvania).

11 TruMark also argues that the Court lacks specific jurisdiction

12 because TruMark operates solely within Pennsylvania and has never

13 purposefully directed any activities towards California;

14 Plaintiff’s claims arise solely out of contact with TruMark in

15 Pennsylvania, not California; and exercising jurisdiction would

16 pose an unreasonable burden “on TruMark—a regionally based not-

17 for-profit that does not offer nationwide credit services—by

18 having to defend an action in a jurisdiction where it has never

19 before filed or defended a lawsuit, thousands of miles away from

20 its home . . . .” Mot. at 8–11. Thus, TruMark contends

21 Plaintiff’s claims against it should be dismissed. Id. at 11.

22 In opposition, Plaintiff concedes that the Court may not

23 assert general jurisdiction over TruMark. See generally Opp’n.

24 However, Plaintiff argues that the Court may assert specific

25 jurisdiction over TruMark because TruMark purposefully directed

26 tortious conduct at Plaintiff in California by opening credit

27 accounts with her personal information despite knowing of the

28 “glaring mismatch between the identity in the credit profile and

1 the identity on the applications”; Plaintiff’s claims arise out

2 of TruMark’s contacts with California as TruMark “knowingly

3 extended credit using a consumer credit profile tied to a

4 California resident while ignoring clear indicators of fraud”;

5 and, given that Plaintiff is the victim of fraud and California

6 has an interest in protecting its citizens, it would be fair and

7 reasonable to subject TruMark to personal jurisdiction in

8 California. Id. at 6–15.

9 The Court disagrees with Plaintiff and finds that it lacks

10 personal jurisdiction over TruMark. As stated above, courts in

11 this circuit apply a three-part test to determine whether they

12 can exercise specific personal jurisdiction over a defendant:

13 “(1) the defendant must either ‘purposefully direct his

14 activities’ toward the forum or ‘purposefully avail[ ] himself of

15 the privileges of conducting activities in the forum’; (2) ‘the

16 claim must be one which arises out of or relates to the

17 defendant’s forum-related activities’; and (3) ‘the exercise of

18 jurisdiction must comport with fair play and substantial justice,

19 i.e. it must be reasonable.’” Axiom Foods, 874 F.3d at 1068.

20 The plaintiff bears the burden of satisfying the first two prongs

21 of the test. Schwarzenegger, 374 F.3d at 802. “If the plaintiff

22 fails to satisfy either of these prongs, personal jurisdiction is

23 not established in the forum state.” Id.

24 Plaintiff has failed to meet this burden here. With respect

25 to the first prong, the purposeful availment analysis is most

26 often used in suits sounding in contract, while the purposeful

27 direction analysis is most often used in suits sounding in tort.

28 Id. As Plaintiff’s claims sound in tort, the Parties agree that

1 the purposeful direction test is appropriate here. See Mot. at

2 9-10; Opp’n at 10–11. “[T]he purposeful direction test requires

3 that the defendant (1) commit an intentional act, that is

4 (2) expressly aimed at the forum state, and (3) which causes harm

5 that the defendant knows will be suffered in the forum state.”

6 Briskin v. Shopify, Inc., 135 F.4th 739, 751 (9th Cir. 2025) (en

7 banc).

8 Here, Plaintiff argues that “there is no question that

9 Trumark’s conduct satisfies the purposeful direction test.”

10 Opp’n at 10. Plaintiff contends that, before approving the

11 accounts at issue, Trumark intentionally accessed and reviewed a

12 consumer credit profile associated with Plaintiff’s Social

13 Security number which unmistakably identified Plaintiff as a

14 California resident and reflected a longstanding California

15 credit history, which contradicted the name, Pennsylvania

16 address, and phone number used to apply for the Trumark accounts.

17 Id. These allegations “demonstrate that Trumark knowingly

18 directed its conduct at a California consumer by accessing and

19 relying on Plaintiff’s California credit profile while extending

20 credit to a plainly inconsistent identity,” thereby intentionally

21 harming a California resident. Id. at 11.

22 The Court disagrees that such conduct satisfies the

23 purposeful direction test. Within the purposeful direction test,

24 the “expressly aimed” analysis “looks to the defendant’s contacts

25 with the forum State itself, not the defendant’s contacts with

26 persons who reside there.” Walden, 571 U.S. at 285. Simply put,

27 “the plaintiff cannot be the only link between the defendant and

28 the forum. Rather, it is the defendant’s conduct that must form

1 the necessary connection with the forum State that is the basis

2 for its jurisdiction over him.” Id. “The proper question is not

3 where the plaintiff experienced a particular injury or effect but

4 whether the defendant’s conduct connects him to the forum in a

5 meaningful way.” Janus v. Freeman, 840 F. App’x 928, 930 (9th

6 Cir. 2020) (citation omitted). Thus, to satisfy the purposeful

7 direction test, Plaintiff must show that TruMark expressly aimed

8 its conduct at California. Plaintiff fails to do so.

9 In support of its Motion to Dismiss, TruMark provides a

10 declaration from TruMark representative John Monari, who attests

11 that TruMark is organized under the laws of Pennsylvania, is

12 headquartered in Pennsylvania, and has never maintained a

13 presence in, or conducted any business in, California. Monari

14 Decl. ¶¶ 1–36. Monari further attests that TruMark limits its

15 membership to “anyone who lives, works, worships, volunteers,

16 attends school, or is a family member of a credit union member in

17 the Southeastern Pennsylvania Counties of Bucks, Chester,

18 Delaware, Montgomery, and Philadelphia.” Id. ¶ 37.

19 “[M]embership is not available to persons who are residents of

20 the State of California at the time a membership application is

21 submitted.” Id. ¶ 40. Monari explains that “[o]n or about

22 August 30, 2021, an individual by the name of Kristen Roberson

23 applied for membership at TruMark.” Id. ¶ 42. As part of her

24 application, Roberson reported having a permanent present address

25 at 4820 Westminster Avenue, Philadelphia, PA 19131, with a

26 telephone number of 302-459-6008, and an email address of

27 k8roberson8@gmail.com. Id. ¶ 43. Monari provides copies of a

28 Pennsylvania driver’s license and utility bill Roberson submitted

1 along with the application to confirm her Westminster Avenue

2 address. Id. ¶ 44. Monari attests that “[m]embership at TruMark

3 was offered to Roberson exclusively based on the zip code of her

4 Pennsylvania Address, which confirmed Roberson’s residence in

5 Philadelphia County, Pennsylvania, making her an eligible

6 applicant.” Id. ¶ 45.

7 This evidence persuasively demonstrates that TruMark did not

8 expressly aim any conduct at California, as TruMark neither

9 conducted any business in California, nor intentionally directed

10 any business activities (including offers of membership to its

11 credit union) towards California citizens. Plaintiff does not

12 contest this evidence. Rather, Plaintiff argues that TruMark

13 “knew or reasonably should have known” it was offering membership

14 to a California citizen based on the differences between

15 Plaintiff’s credit profile and the false name, Pennsylvania

16 address, and phone number used for the credit applications.

17 Opp’n at 10–11. Even if this were true, it is insufficient to

18 satisfy the purposeful direction test. A theory of

19 individualized targeting, which Plaintiff appears to utilize

20 here, “alleges that a defendant ‘engaged in wrongful conduct

21 targeted at a plaintiff whom the defendant knows to be a resident

22 of the forum state.’” Axiom Foods, 874 F.3d at 1069. In Walden,

23 571 U.S. 277, however, the Supreme Court held that a defendant’s

24 “actions in Georgia did not create sufficient contacts with

25 Nevada simply because he allegedly directed his conduct at

26 plaintiffs whom he knew had Nevada connections.” Id. at 289.

27 Following Walden, district courts in this Circuit have recognized

28 that a “theory of individualized targeting, which relies on a

1 plaintiff’s strong connection to a forum and the defendant’s

2 knowledge that the plaintiff is a resident of that forum and will

3 experience foreseeable harm in that forum, on its own will no

4 longer support a finding of express aiming.” Liggett v. Utah

5 Higher Ed. Assistance Auth., No. 8:19-cv-01589-JLS-ADS, 2020 WL

6 1972286, at *6 (C.D. Cal. Feb. 3, 2020) (quoting Deveroux v. TT

7 Mktg. Inc., No. 1:18-CV-487 AWI SAB, 2018 WL 3968249, at *2 (E.D.

8 Cal. Aug. 16, 2018) (internal quotation marks and alterations

9 omitted)). Rather, the “personal jurisdiction analysis must

10 focus on the defendant’s contacts with the forum state, not the

11 defendant’s contacts with a resident of the forum.” Picot, 780

12 F.3d at 1214.

13 The Court finds that TruMark did not expressly aim its

14 conduct at California by, for example, sending correspondence to

15 Plaintiff at a California address. Plaintiff’s argument is that

16 TruMark should have known of Plaintiff’s California connections

17 when it authorized the accounts at issue. Opp’n at 8. This

18 falls short of meeting the purposeful direction standard. See,

19 e.g., id. at 1214–15 (affirming dismissal for lack of personal

20 jurisdiction when plaintiff alleged defendant’s tortious conduct

21 targeted him, a California resident, because defendant engaged in

22 his allegedly tortious conduct “without entering California,

23 contacting any person in California, or otherwise reaching out to

24 California”); Deveroux, 2018 WL 3968249, at *5 (concluding that

25 “direct targeting alone is not sufficient” when the plaintiff

26 alleged that the defendant misreported plaintiff’s debt while

27 knowing that the plaintiff was a resident of the forum state, as

28 “[t]here must be contacts by the defendant with the forum, not

~——e REIN IIR IEE IE IRI EINE IIE IORI EIEIO IIE OSE ED eNO □□□□

1] merely with a forum resident”).

2 Given that Plaintiff has failed to carry her burden of

3 showing TruMark purposefully directed any conduct towards

4 California and is therefore unable to meet the first prong of the

5 | personal jurisdiction test, the Court need not analyze the

6 | remaining two requirements. TruMark’s Motion to Dismiss is

7 granted.

8 Iv. ORDER

9 For the reasons above, TruMark Financial Credit Union’s

10 Motion to Dismiss (ECF No. 27) is GRANTED. Plaintiff’s First and

11 Second Causes of Action are DISMISSED against TruMark without

12 leave to amend since further amendment would be futile.

13 In addition, Counsel for Plaintiff is ordered to pay $300

14 to the Clerk of Court no later than June 8, 2026.

15 IT IS SO ORDERED.

16 Dated: June 2, 2026

17

HN A. MENDEZ.

1s Fee UNITED pe acl JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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