D-1280X
D-1280X v. Envirosave Enterprises CA2/8
Opinion
Opinion
INTRODUCTION
Plaintiff filed a civil complaint against defendants alleging unfair competition, violation of Business and Professions Code section 17200 et seq., and breach of implied contract. Plaintiff contended that defendants, in marketing and selling their own brand name fuel conditioner, implied wrongfully that they were selling products supplied by plaintiff. Defendants specially appeared and moved to quash service of summons based on lack of personal jurisdiction. The trial court granted the motion. Plaintiff appealed. We exercise independent review of the record, find no specific jurisdiction over defendants, and affirm the trial court’s order.
FACTUAL AND PROCEDURAL BACKGROUND
A. The Parties Plaintiff D-1280X, Inc., doing business as Omstar Environmental Products (Omstar), is a California corporation, with its principal place of business in Wilmington, California. Since 1986, Omstar has been “the exclusive owner” of the formula for a fuel and engine additive known as D-1280X and DX-1 (D-1280X). Defendant Envirosave Enterprises, LLC (Envirosave) is a limited liability company formed in Delaware and registered in Florida. Its principal place of business is Cape Coral,…