Floveyor Internat., Ltd. v. Superior Court of Los Angeles County

Good Law
1997 Cal. App. LEXIS 982·59 Cal. App. 4th 789·69 Cal. Rptr. 2d 457·97 Daily Journal DAR 14527·97 Cal. Daily Op. Serv. 9012
Court of Appeal of CaliforniaDecember 1, 1997B112606California2,984 words

Opinion

Opinion

Vogel, J.

Petitioner Floveyor International, Ltd., a British corporation (Floveyor), filed this proceeding to challenge the denial of its motion to quash the service of summons and cross-complaint filed by the real party in interest, Shick Tube-Veyor Corporation (Shick), on the grounds (1) the service of summons and cross-complaint failed to conform with the Hague Convention, and (2) the California courts have no jurisdiction for lack of minimum contacts.

Factual and Procedural Background

Quality Naturally! Foods, Inc. (QNF), not a party to these proceedings, ordered and received a bulk conveyor system designed and manufactured by Shick. The system purportedly failed. QNF filed and served a first amended complaint against Shick alleging tort and contract claims. Shick answered and filed a cross-complaint against Floveyor for indemnity. Shick contends that a component installed in the system, a metal cable, was manufactured by Floveyor and caused the failure triggering QNF’s lawsuit.

QNF and Shick settled the matter as between them and Shick took steps to serve a summons and the cross-complaint on Floveyor in England in accordance with the provisions of the Hague Convention. On…

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