Carretti

Carretti v. Italpast

Good Law
101 Cal. App. 4th 1236·125 Cal. Rptr. 2d 126·2002 Cal. App. LEXIS 4617·2002 Daily Journal DAR 10425·2002 Cal. Daily Op. Serv. 9321
Court of Appeal of CaliforniaSeptember 10, 2002G028293California7,225 words

Opinion

Opinion

Moore, J.

Defendant and cross-complainant Riccardo Carretti doing business as Saima Pasta Equipment (Carretti) appeals from an order granting a motion to quash service of summons. The motion was filed by defendant and cross-defendant Italpast, an Italian manufacturer doing business in Italy. Carretti, a distributor with an office in California, contends Italpast, which sold products to him in Italy, has the requisite minimum contacts to support jurisdiction. We disagree.

Carretti did not meet his burden to show the requisite minimum contacts to establish either general jurisdiction or specific jurisdiction. He did not show the substantial, continuous and systematic contacts necessary for general jurisdiction. He also failed to provide sufficient evidence to show that Italpast, having placed its products into the stream of commerce in Italy, either intended to serve the California market or was aware its product was being marketed in the forum. Thus, under the stream of commerce theory enunciated in World-Wide Volkswagen Corp. v. Woodson (1980) 444 U.S. 286 [ 100 S.Ct. 559 , 62 L.Ed.2d 490 ] (World-Wide Volkswagen), and further explored in Asahi Metal Industry Co., Ltd. v. Superior…

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