Amoco Chemical Co. v. Certain Underwriters at Lloyd's of London

We hold in this case that section 1989 of the Code of Civil Procedure means what it says—a witness is not obliged to appear in court in California unless he is a resident of the state at the time of service. For this reason, a notice to attend trial and bring documents (§ 1987, subds. (b), (c)) served on the custodian of records of a nonresident party is void and unenforceable.

Background

Six lawsuits were filed against Amoco Chemical Company and Amoco Reinforced Plastics Company for damages caused by Amoco’s allegedly defective design and manufacture of “Techite” pipe. Somewhere along the line, Amoco asked its insurers, Certain Underwriters at Lloyd’s of London (Lloyd’s) and Various British and European Insurance Companies (the Companies), to pay Amoco’s costs and settlements associated with the underlying Techite actions. The carriers declined and Amoco sued for declaratory relief, breach of contract and bad faith, asking for about $40 million in general damages, plus punitive damages. The carriers answered and discovery ensued on all issues except Defendants’ financial condition.

Trial was set for September 20, 1993. Twenty-five days before trial (on August 26),…