Luberski, Inc. v. Oleificio F.LLI Amato S.R.L.

Good Law
171 Cal. App. 4th 409·2009 Cal. App. LEXIS 193·89 Cal. Rptr. 3d 774
Court of Appeal of CaliforniaFebruary 23, 2009G040830California3,879 words

Opinion

Opinion

Ikola, J.

Plaintiff Luberski, Inc. (Luberski), appeals an order granting defendant Oleificio F.LLI Amato S.R.L.’s (Amato) motion to quash service of summons for lack of personal jurisdiction. (See Code Civ. Proc., § 418.10, subd. (a)(1).) As an Italian olive oil company with limited sales to California customers, Amato averred its contacts with California were insufficient to justify the exercise of personal jurisdiction as a matter of constitutional due process. (See § 410.10.)

We reverse. The court has specific jurisdiction over Amato with regard to this matter because the subject of the dispute is Amato’s alleged nondelivery of $406,000 worth of olive oil to Luberski in California.

FACTS

On February 11, 2008, Luberski, an entity operating in California, filed a complaint for breach of written contract, monies had and received, and fraud against Amato, an entity operating in Italy. The complaint alleged the parties agreed via purchase order and written confirmation that Luberski would pay Amato $406,000 for 12,000 cases of olive oil. The contract allegedly obligated Amato to ship the olive oil to Luberski by way of Long Beach, California, with duties and taxes paid by Amato.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.