Severn

Plaintiff Clifford Severn, doing business as Clifford Severn Sporting Goods, commenced an action in California against the three defendant European corporations named in the caption and defendant Horst Dassler, a resident of France. It is conceded (at least no one contends otherwise on this appeal) that defendants had “certain minimum contacts with [California] such that maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’ ” (See Internat. Shoe Co. v. Washington (1945) 326 U.S. 310, 316 [ 90 L.Ed. 95, 102 , 66 S.Ct. 154 , 161 A.L.R. 1057 ]; Atkinson v. Superior Court, 49 Cal.2d 338, 345-346 [ 316 P.2d 960 ] [cert. den., 357 U.S. 569 ( 2 L.Ed.2d 1546 , 78 S.Ct. 1381 )].) California’s courts thus had jurisdiction over the subject matter of the action. (See Code Civ. Proc., § 410.10.) Defendant Horst Dassler was one of the persons described by Code of Civil Procedure section 416.10 as authorized to- receive service of summons on behalf of the defendant corporations.

One of the defendant corporations had commenced an action in the United States District Court in Florida. While attending that state for the sole purpose of giving…

I respectfully dissent from the decision reversing the order quashing the service of summons. In my opinion each party’s reference to the provisions of section 413.10 of the Code of Civil Procedure has led the court to apply what it deems, and what I might question to be (see fns. 2 and 3, infra), California law to a question of immunity which by comity, if not by full faith and credit, should be governed by Florida law.

Section 413.10 of the Code of Civil Procedure states in pertinent part: “Except as'otherwise provided by statute, a summons shall be served on a person: . . . [f] (b) Outside this state but within the United States, as provided in this chapter [§ § 413.10-417.40] or as prescribed by the law of the place where the person is served. . . .” Section 415.10 provides for service of a summons by personal delivery; section 415.40 reiterates that a summons may be served on a person outside this state in any manner provided in sections 415.10 to 415.50 inclusive, including section 415.40; and section 416.10 provides for service of summons on a corporation by delivering a copy of the summons and of the complaint to certain designated officers. It may be assumed that the law…

Plaintiff Clifford Severn, doing business as Clifford Severn Sporting Goods, commenced an action in California against the three defendant European corporations named in the caption and defendant Horst Dassler, a resident of France. It is conceded (at least no one contends otherwise on this appeal) that defendants had "certain minimum contacts with [California] such that maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" (See Internat. Shoe Co. v. Washington (1945) 326 U.S. 310, 316 [ 90 L.Ed. 95, 102 , 66 S.Ct. 154 , 161 A.L.R. 1057 ]; Atkinson v. Superior Court, 49 Cal.2d 338, 345-346 [ 316 P.2d 960 ] [cert. den., 357 U.S. 569 ( 2 L.Ed.2d 1546 , 78 S.Ct. 1381 )].) California's courts thus had jurisdiction over the subject matter of the action. (See Code Civ. Proc., § 410.10.) Defendant Horst Dassler was one of the persons described by Code of Civil Procedure section 416.10 as authorized to receive service of summons on behalf of the defendant corporations.

One of the defendant corporations had commenced an action in the United States District Court in Florida. While attending that state for the sole…