Hernandez
Hernandez v. Volkswagen Aktiengesellschaft CA1/4
Opinion
Opinion
BACKGROUND
Per the operative complaint, plaintiffs are the widow and adult children of the deceased, Raul Hernandez (Hernandez), and plaintiff Blanca
1 Hernandez is his successor-in-interest under Code of Civil Procedure sections 377.11, 377.20, and 377.30. Plaintiffs allege that Hernandez died from mesothelioma, which he developed because of exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brake shoes, brake pads, clutch plates, gaskets and transmission bands while working on Volkswagen cars between 1969 and 1976 at Volkswagen dealerships. Plaintiffs assert causes of action for strict products liability, negligence, and fraud against VWAG and its current New Jersey subsidiary, Volkswagen Group of America, Inc., among other defendants. VWAG specially appeared and filed a motion to quash service of summons (the motion), arguing that the court did not have personal jurisdiction over it because VWAG did not purposefully avail itself of the California market. VWAG contended that only VWoA, VWAG’s exclusive importer for the United States from 1956 to 1980, served the California market during the relevant time period.…