Bombardier Recreational Products, Inc. v. Dow Chemical Canada ULC

This appeal challenges the trial court’s quashing service of summons for lack of personal jurisdiction. We review the issue as a matter of law (Hall v. LaRonde (1997) 56 Cal.App.4th 1342, 1346 [ 66 Cal.Rptr.2d 399 ]), and we affirm the trial court’s determination.

FACTS

The underlying plaintiff sued appellant Bombardier Recreational Products, Inc. (Bombardier), for personal injuries. He claimed that in 2007, while trying to start a Sea-Doo personal watercraft manufactured by Bombardier, the watercraft caught fire, causing him serious injuries. He alleged Bombardier was negligent for failing to inform him of a recall for the watercraft’s allegedly defective fuel tank.

Bombardier filed a cross-complaint against respondent Dow Chemical Canada ULC (Dow Canada). Dow Canada is a successor to Union Carbide Canada, Inc. (Union Carbide Canada), whose Wedco Moulded Products division (Wedco), for a time, manufactured fuel tanks Bombardier installed in its personal watercraft.

Appearing specially, Dow Canada filed a motion to quash service of summons for lack of personal jurisdiction. It contended it and its predecessors lacked sufficient contacts with California to be subject to…