Shoei Kako Co. v. Superior Court

Good Law
109 Cal. Rptr. 402·1973 Cal. App. LEXIS 936·33 Cal. App. 3d 808
Court of Appeal of CaliforniaAugust 6, 1973Civ. 33051California6,850 words

Opinion

Opinion

Sims, J.

By its petition for writ of mandate, the petitioner, a Japanese corporation, seeks, review of an order of the trial court which denied its-motion to quash the service of summons purportedly effected by mailing a copy of tiie summons and complaint to its head office in Japan. (See Code Civ. Proc., § 418.10.) An alternative writ was issued and after argument the matter was submitted on the petition, the exhibits filed therewith, and the memorandum of points and authorities in opposition to the petition, and the return filed by real party in interest.

Petitioner contends: (1) that the record fails to show facts which would render it subject to a judgment in personam in this state; that the trial court is without jurisdiction to render a judgment against it (2) because the method used to perfect service of process was not in accordance with an international treaty governing service abroad of judicial and extrajudicial documents, and (3) because the notice given by the service of process failed to comply with due process of law because it was not written in the. language of the country to which it was mailed. A review of these contentions reveals that they are without merit.…

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