CRI, Inc. sued Bradley J. Robertson on his guaranty of certain obligations of Collaboratories, Inc. CRI moved for summary judgment on its claims against Robertson, and Robertson filed a cross-motion to dismiss the complaint for lack of personal jurisdiction. The trial court granted summary judgment to CRI. On appeal, Robertson claims that the trial court erred in failing to dismiss CRI’s claims and in granting summary judgment to CRI because the trial court lacked personal jurisdiction over Robertson. For the reasons set forth below, we disagree and affirm. “A defendant who files a motion to dismiss for lack of personal jurisdiction has the burden of proving lack of jurisdiction.”1 The trial court ruled on Robertson’s motion to dismiss on the basis of written submissions. If the motion is decided on the basis of written submissions alone . . . disputes of fact found in the affidavits are resolved in favor of plaintiff. Further, if a motion is decided on the basis of the written submissions, the reviewing court is in an equal position with the trial court to determine the facts and therefore examines the facts under a non-deferential standard.2 So viewed, the record shows that Collaboratories was incorporated as a Delaware corporation.3 According to its business plan, Collaboratories acted as a consultant for “high growth and internet-enabled companies.” Collaboratories principal offices were in Atlanta, Georgia, and it had an office in West Hollywood, California.
Robertson was an officer, director, and shareholder of Collaboratories, according to the affidavit of Mary Pompeo, Collaboratories’ office manager. Documentary support for the affidavit includes Collaboratories’ Certificate of Incorporation, which names Robertson as one of five original directors. The shareholder’s agreement contained in the record does not include a copy of the execution page, and Robertson denies receiving any stock certificate from Collaboratories, but Robertson does not deny that he signed the agreement. Under the terms of the shareholder’s agreement, each of the original directors owned 500,000 shares of Collaboratories. The record also includes a contract signed by Robertson as Collaboratories’ Chief Operating Officer, and Collaboratories’ business plan names Robertson as its Chief Operating Officer and Chief Information Officer.
