Hoteles Camino Real, SA v. Superior Court

Petitioner, a Mexican corporation, seeks mandate to compel respondent superior court to vacate its order granting real parties’ motion for a right to attach order and authorizing a writ of attachment upon property of petitioner. We conclude that petitioner is entitled to the relief which it seeks and, accordingly, direct that' a peremptory writ of mandate issue.

The matter arose when real parties in interest, who are California residents, commenced an action against defendants, Western International Hotels, Western International Hotels de Mexico, The Camino Real of Cabo San Lucas, and Does I through XX, seeking damages for injuries sustained after consuming contaminated food and beverages during the time they were paying guests at petitioner’s Camino Real Hotel in Cabo San Lucas, Mexico.

Petitioner is a foreign corporation and is not qualified to do business in California; however, petitioner is insured under the terms of a policy issued by the American Motorists Insurance Company (hereafter American), a corporation which does business in this state. In this action, real parties sought to attach American’s obligation to defend and indemnify petitioner under the terms of…