R. E. Sanders & Co. v. Lincoln-Richardson Enterprises, Inc.

Plaintiff appeals from an order granting the defendants’ motion to quash service of summons on each of them made pursuant to Code of Civil Procedure section 418.10.

In the trial court plaintiff had the burden of establishing jurisdiction by a preponderance of the evidence upon defendants’ motion to quash out-of-state service for lack of jurisdiction, and upon this appeal we are bound to view the facts most favorably to the defendants. (Mes serschmidt Development Co. v. Crutcher Resources Corp. (1978) 84 Cal.App.3d 819, 825 [ 149 Cal.Rptr. 35 ].) Further, where, as here, the facts set out in affidavits and a declaration are widely at variance, “‘. . . the rule on appeal is that those affidavits favoring the contention of the prevailing party establish not only the facts stated therein but also all facts which reasonably may be inferred therefrom, and where there is a substantial conflict in the facts stated, a determination of the controverted facts by the trial court will not be disturbed.’ [Citations.]” (Wilson v. Eddy (1969) 2 Cal.App.3d 613, 617-618 [ 82 Cal.Rptr. 826 ]; quoting Griffith Co. v. San Diego Col. for Women (1955) 45 Cal.2d 501, 508 [ 289 P.2d 476 , 47…