Lisoni

Lisoni v. Dave Cole Pontiac, Inc.

Good Law
125 Cal. Rptr. 120·1975 Cal. App. LEXIS 1474·52 Cal. App. 3d 445
Court of Appeal of CaliforniaOctober 24, 1975Civ. 45663California1,289 words

Opinion

Opinion

Roth, J.

Appellant, Joseph Louis Lisoni, a California resident, served Dave Cole Pontiac, Inc., (a New Jersey corporation) dent) with a summons and complaint in New Jersey. The complaint sought damages caused as the proximate consequence of the defective assembly of a brake hose in an automobile manufactured by General Motors Corporation and retailed by respondent in New Jersey. Respondent moved to quash service of summons on the ground that California had no jurisdiction. The motion was granted.

This appeal is from the order.

The facts are undisputed.

The complaint names General Motors Corporation and Does 1-20 as defendants and is predicated upon strict liability in tort against the manufacturer and retailer of the automobile (Elmore v. American Motors Corp. (1969) 70 Cal.2d 578 [ 75 Cal.Rptr. 652 , 451 P.2d 84 ]; Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256 [ 37 Cal.Rptr. 896 , 391 P.2d 168 ]), and includes respondent as a defendant under the authority of section 410.10 of the Code of Civil Procedure.

A court of this state may, subject to the test of “due process,” exercise personal jurisdiction over a nonresident on any basis not inconsistent with the Constitution of…

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