Weinberger

The issue in this case is whether California can constitutionally assert personal jurisdiction over a Nevada resident employed as a marketing consultant by a California corporation in a breach of contract action by the corporation. We reverse.

Factual and Procedural Background

In late 1984, plaintiff Safe-Lab, Inc., and defendant Kenneth Weinberger began discussing the possibility of Weinberger acting as a marketing representative for Safe-Lab. Safe-Lab is a California corporation engaged in the production of glassware and equipment for chemistry laboratories. Its principal place of business is in Santee, California. Weinberger is a resident of Reno, Nevada. Following a negotiation session in San Diego, Safe-Lab mailed a draft of a consulting contract to Weinberger in Reno, which he signed and returned to Safe-Lab. The contract provided for payment of $1,500 per month to Weinberger and specified that California law would govern its provisions. Safe-Lab’s complaint alleges that in August 1985 the contract was orally modified to provide that Weinberger would work exclusively for Safe-Lab. In exchange, his compensation was increased to $3,500 per month. Safe-Lab claims…