Procedural Posture

Defendant buyer sought review of an order of the Superior Court of Placer County (California), denying a motion to quash service of a summons pursuant to Cal. Civ. Proc. Code § 418.10(c) for lack of jurisdiction in a breach of contract sales case by the real party in interest.

Overview: caci intentional infliction of emotional distress

Defendant foreign company was a Mexican corporation which bought raw materials from the real party in interest and a California supplier, for use in its box manufacturing plant in Mexico. The purchases were effected by orders placed from outside the state almost weekly. The California supplier filed suit alleging defendant failed to pay for $ 70,000 worth of goods. Defendant filed a motion to quash service of summons for lack of jurisdiction, which was denied. Defendant petitioned for review. The court denied the petition, holding that defendant’s purchases of goods provided sufficient minimum contacts with the state to sustain its jurisdiction over defendant and reaped the benefits of laws of the state that protected its goods and had access to the state courts to enforce any rights with regards to the transactions.

Outcome

The court discharged the alternative writ and denied the petition for review of the denied motion to quash service because the goods and passage of title occurred in California, and defendant reaped the benefits of the state laws.

 

Published
Categorized as Journal