American Continental Import Agency v. SUP. COURT OF LOS ANGELES COUNTY

Petitioner American Continental Import Agency, a limited association organized pursuant to the laws of the Federal Republic of Germany, 1 seeks a writ of mandate to compel the Superior Court of Los Angeles County to enter its order quashing service of summons in an action brought by Pasadena Investment Company, a corporation, the real party in interest in this proceeding. (See Code Civ. Proe., § 416.3.) Petitioner is also known as Aconia G.M.B.H. and Co., K.G., and reference will hereinafter be made to it as Aconia. Mañero Aircraft Company, a corporation, Robert T. Rudesill, doing business as U.S. Fastener of California, and Airborne Freight Corporation were joined as defendants in that action. Service of process on Aconia was made by means of personal service in the County of Los Angeles on Tadeus Kawalecki, a director of Aconia and its manager in charge of foreign imports. Aconia appeared specially and moved to quash the service of summons. Its motion was denied.

*319 In the first cause of action of the complaint it was alleged that on or about December 22, 1961, the plaintiff Pasadena Investment Company and defendant Rudesill, doing business as U. S. Fastener of California,…

McLaughlin & McLaughlin and James A. McLaughlin for Real Party in Interest.

Petitioner American Continental Import Agency, a limited association organized pursuant to the laws of the Federal Republic of Germany, [1] seeks a writ of mandate to compel the Superior Court of Los Angeles County to enter its order quashing service of summons in an action brought by Pasadena Investment Company, a corporation, the real party in interest in this proceeding. (See Code Civ. Proc., § 416.3.) Petitioner is also known as Aconia G.M.B.H. and Co., K.G., and reference will hereinafter be made to it as Aconia. Manero Aircraft Company, a corporation, Robert T. Rudesill, doing business as U.S. Fastener of California, and Airborne Freight Corporation were joined as defendants in that action. Service of process on Aconia was made by means of personal service in the County of Los Angeles on Tadeus Kawalecki, a director of Aconia and its manager in charge of foreign imports. Aconia appeared specially and moved to quash the service of summons. Its motion was denied.

In the first cause of action of the complaint it was alleged that on or about December 22, 1961, the plaintiff Pasadena…

I concur in the denial of the petition upon the authority of Henry R. Jahn & Son v. Superior Court, 49 Cal.2d 855 [ 323 P.2d 437 ]. There is a valid basis for distinguishing the two cases on their facts. Jahn was an action for relief against acts of unfair competition committed in California for the purpose of destroying a California company. Our case is an action for the price of goods shipped to a foreign buyer. Nevertheless, the ground upon which the Supreme Court placed the Jahn decision seems to cover this case too.

Petitioner’s application for a hearing by the Supreme Court was denied July 10, 1963.