Hunt

Hunt v. Superior Court

Good Law
2000 Cal. App. LEXIS 492·2000 Daily Journal DAR 6657·81 Cal. App. 4th 901·97 Cal. Rptr. 2d 215
Court of Appeal of CaliforniaMay 31, 2000D034797California2,726 words

Opinion

Opinion

McDONALD, J.

Janetter Hunt (Janetter) signed an agreement in the form of an equipment lease (the lease) to finance the acquisition of equipment for her Maryland business, and Michael Hunt (Michael; Janetter and Michael together, the Hunts) guaranteed Janetter’s obligations under the lease. The Hunts reside in Maryland, all negotiations to acquire the equipment occurred in Maryland, the documents to consummate the transaction were signed in Maryland, and the equipment was to be delivered in Maryland. The only California connection to the transaction was that real party in interest Commercial Money Center (CMC), the company that financed the transaction, had an office in Escondido, California and processed and managed the financing lease at that office.

CMC sued the Hunts in San Diego County Superior Court, alleging breach of the lease and guaranty. The Hunts moved to quash service of summons for lack of personal jurisdiction. The trial court denied the motion based on a forum selection clause in the guaranty. The Hunts petition this court for a writ of mandate, seeking reversal of the trial court’s order. We issued an order to show cause and the parties waived oral…

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