Ziller Electronics Lab GmbH v. Superior Court

In this original proceeding in mandate a foreign defendant challenges a trial court’s denial of its motion to quash a second service of process for lack of minimum contacts. The motion was denied on the ground that the issue has been determined adversely to defendant on its prior successful motion to quash the first service.

The critical question presented is the effect, if any, of a determination that minimum contacts exist when the motion to quash is nevertheless granted for lack of effective service of process. Must the prior determination of minimum contacts be deemed a nullity and the issue treated de novo or is the prior determination binding when the nonresident defendant is reserved and reasserts the issue in a second motion to quash?

We conclude that a trial court’s granting of the first motion to quash on another ground did not render its initial determination of minimum contacts “dictum” or an act in excess of the trial court’s jurisdiction. The prior determination was binding upon the parties.

We also conclude that reconsideration is appropriate in this case.

The material facts are simple and not in dispute.

Defendant petitioner, Ziller Electronics Lab…