Cepeda v. Kass

In this negligence case, the defendant2 made a *733motion to dismiss for lack of personal jurisdiction pursuant to Mass.R.Civ.P. 12(b)(2), 365 Mass. 755 (1974). In allowing the defendant’s motion to dismiss, the judge found that “there are insufficient uncontroverted facts in this jurisdictional record on which to base personal jurisdiction.” After denying the plaintiff’s motion for reconsideration, which contended that the judge should have held an evidentiary hearing, or in the alternative, should have taken as true all disputed facts in deciding the motion to dismiss, the judge reported two…