Detsch & Co. v. Calbar, Inc.

Palaintiff appeals from an order quashing service of summons upon defendant, a Pennsylvania corporation.

On May 31, 1962, plaintiff commenced the instant action against defendant for an accounting and damages for breach of contract. On June 20, 1962, the trial court made its order for substituted service of summons on defendant pursuant to section 6501 of the Corporations Code. Such service was made. Thereupon defendant appeared specially and moved for an order quashing the service of summons and complaint on the ground that the court lacked jurisdiction over defendant. The motion was heard upon affidavits and upon plaintiff’s complaint. The trial court granted the motion.

The complaint contains three counts. The first count alleges in substance that on August 15, 1935, plaintiff entered into a written contract with the “Albion Manufacturing Company, of Philadelphia, Pennsylvania, or assigns,’’ a copy of which is attached to the complaint and incorporated therein by reference ; that thereafter Albion Manufacturing Co. (hereafter called Albion) assigned all its assets to defendant and terminated its business; that defendant succeeded to said business and on or about July 18,…