Mihlon

By petition for writ of mandate pursuant to Code of Civil Procedure section 418.10, subdivision (c), two nonresident individual defendants seek review of an order denying their motions to quash service of summons on the ground that all their alleged wrongful conduct relative to the underlying action was in their official capacities as either officers or corporate counsel of a foreign corporation and such conduct may not be the basis for imposition of jurisdiction over them individually.

The determinative question to be resolved is whether corporate counsel for a foreign corporation may be subjected to California personal jurisdiction as an individual where it is alleged that counsel conspired with others to cause and assist the corporate client to tortiously breach a contract.

This issue has not been definitively addressed by reported California decisions. The material facts submitted in support and in opposition to the motion to quash are meager and vague but do create some factual dispute.

In October 1984, real party, California Attorney Richard F. Murkey (Murkey), filed an unverified complaint alleging that defendants (particularly Sally Andrews) and other persons…