Dr. Ing HCF Porsche AG v. Superior Court

The sole issue in this appeal is whether the trial court acquired personal jurisdiction over petitioner (Porsche), who seeks mandate to compel the trial court to vacate its order denying petitioner’s motions to quash service of summons and to dismiss pursuant to section 581a, Code of Civil Procedure.

This action for wrongful death arises from a single car accident on May 16, 1977. Plaintiffs’ decedent, a passenger in a 1977 Porsche automobile owned and driven by another person who, like petitioner, is a defendant herein, was killed when the Porsche left the roadway of Brannan Island Road in Sacramento County and crashed.

Two of the several named defendants were Volkswagenwerk A.G., a German Corporation, and Volkswagen of America, Inc. (VWOA).

The critical issue is the effect, if any, of the failure of plaintiffs (real parties in interest) to perfect service of process in accordance with the Hague Convention, an international treaty governing service of judicial and extrajudicial documents in civil or commercial matters, upon citizens of signatory countries.

From the record it appears plaintiffs’ (real parties’) attorney, in August 1980, discovered the vehicle in…