Martinez

This is an appeal from an order of the superior court granting the motion of defendant Perlite Institute to quash service of summons for lack of jurisdiction.

The appeal comes to us on an engrossed settled statement (statement). A summary of the facts as set forth in the statement and found in the exhibits attached thereto is as follows:

Plaintiff-appellant Anastasio Martinez (Martinez) was an employee of Redco, a California corporation engaged in the manufacture of expanded perlite (a volcanic glass ore). Redco is a member of Perlite Institute, defendant-respondent (Institute), a New York corporation with its principal and only place of business in New York City. Redco pays Institute between $3,000 and $4,000 annually in dues. The amount paid is based on the tonnage of perlite ore used by Redco each year. Institute has approximately 57 members in 19 states, and 17 nations of the world. Three members are located in California. Institute functions as a trade association and is not engaged in the manufacture, sale or distribution of perlite ore; however, it acts as a clearing house of information with regard to uses and the nature of perlite. It also makes available to…