Tucker

Plaintiff Mitsui Bank appeals an order quashing service of summons on defendant Karen Tucker, administratrix of the estate of Oral W. Tucker, Jr., deceased, for lack of personal jurisdiction.

But for the fortuity of death, the propriety of California jurisdiction would be unchallenged.

On July 6, 1982, California residents Oral Tucker and his business associate, William Aubry, borrowed $30,000 from Mitsui’s San Diego, California office. Oral lived in San Diego, his principal place of business was in San Diego, and he intended to use the loan money for that business in California. The loan was to be repaid in San Diego.

When Oral died on September 7, 1982, his wife Karen, who had moved from California to Arizona the previous week, was appointed administratrix of his estate in Maricopa County, Arizona. Mitsui filed a creditor’s claim with the Arizona court for the balance on the note, but it was denied for procedural reasons. Mitsui then sued Karen in her representative capacity in San Diego County Superior Court. Karen appeared specially in the San Diego proceeding, asking the court to quash service of summons (Code Civ. Proc., § 418.10) on the ground, among others,…