Futuresat Industries, Inc. v. Superior Court

This is a timely petition for statutory mandate (Code Civ. Proc., § 418.10, subd. (c)) after the trial court denied petitioners’ motion to quash service for lack of jurisdiction. We hold, for reasons we will state, that there is no California jurisdiction over nonresident buyers of motion picture videotapes in this action by the sellers, a California partnership.

Record

Petitioners are Futuresat Industries, Inc. (Futuresat) and Hollywood Broadcasting Network, Inc. (Hollywood), corporate entities whose principal place of business is in the state of Texas. Real party in interest is Bay Area Interconnect, a California partnership (Bay) whose office is in San Jose. Bay filed this lawsuit for breach of contract and common counts against Future-sat and Hollywood for payment pursuant to oral contract for some 800 motion picture videotapes sold and delivered to defendants. Bay seeks some $28,649.33 plus attorney’s fees and costs.

Futuresat and Hollywood moved to quash service of summons or alternatively for a stay or dismissal on the ground of forum non conveniens. They presented evidence that neither defendant is incorporated in California, has appointed an agent for service…