Federal MacHine & Welder Co. v. Superior Court

Petitioner seeks a writ of mandate pursuant to section 416.3, Code of Civil Procedure, requiring the Superior Court for Los Angeles County to enter its order quashing service of summons upon petitioner, a foreign corporation, in an action brought by plaintiff, the real party in interest in this proceeding. The action was brought against petitioner and other defendants (not here involved) to recover damages for personal injuries suffered by plaintiff while operating a punch press in California.

Plaintiff did not obtain an order for service of the summons on the Secretary of State. Instead, his attorney forwarded a copy of the summons and complaint to the sheriff of the county in Ohio, wherein the City of Youngstown, Ohio, is situated, and the sheriff made personal service upon one, F. H. Dreher, who pursuant to Ohio law was named an agent for service of process on petitioner in Ohio. Petitioner appeared specially in the action and moved to quash service of summons upon the ground that the court did not acquire jurisdiction over petitioner by said service. The motion was denied.

In a declaration of petitioner’s attorney filed in support of the motion to quash it is alleged: ‘ ‘…