Silverman
Silverman v. Superior Court
Opinion
Opinion
Danielson, J.
Gilbert Silverman (Silverman) seeks a writ of mandate or prohibition to restrain the superior court for Los Angeles County from proceeding further in this action and to compel the court to grant his motion to quash service of summons on him. On March 29, 1988, we deemed the petition to be one for a writ of mandate under Code of Civil Procedure section 418.10, subdivision (c), and issued an alternative writ of mandate.
In this decision we hold that the rule of immunity from service of process of nonresident parties to litigation while in California to participate in litigation proceedings is no longer the law in California.
Factual and Procedural History
This proceeding is related to the case of Galper Real Estate Corporation (Galper) v. SMC Real Corporation, Los Angeles Superior Court No. C404327 (hereafter the SMC case). A summary of the SMC case is necessary to the discussion of the proceeding at bench.
On September 29, 1986, judgment was entered in the SMC case in favor of Galper and against SMC in the sum of $168,473.55. We affirmed the judgment on appeal. The SMC case was based on SMC’s failure to pay Galper 9 percent of the funds raised by Galper from its sale…