Spirits, Inc. v. Superior Court

This petition for writ of mandate pursuant to Code of Civil Procedure section 418.10, subdivision (c) seeks review of the January 9, 1980, order of the superior court that denied the motion of the nonresident defendant corporation to quash service of summons on the basis that defendant’s sale in Arizona of a bottled soft drink to a California resident, resulting in personal injury in Arizona, does not constitute a basis for California jurisdiction over defendant.

I. Facts:

A. The Complaint

On or about December 11, 1978, real party in interest, Deliberto, filed her complaint, which on the record presented appears to have been unverified, against petitioner Spirits, Inc., and others, seeking damages on various theories of liability for personal injuries sustained by her when a Pepsi-Cola bottle purchased by her at the liquor store operated by Spirits in Bullhead City, Arizona, exploded in her hand near Lake Mojave, Arizona, on or about July 1, 1978. The complaint also named as defendants the California-based companies that allegedly manufactured the Pepsi-Cola bottle, and the regional bottler and distributor that allegedly supplied the bottle to Spirits at Bullhead City,…