West Corp. v. Superior Court

Proceedings in mandate after superior court denied a motion to quash service of summons for lack of personal jurisdiction.

Petitioners West Corporation (West) and West Telemarketing Corporation (WTC) seek a writ of mandate directing the superior court to grant their motion to quash service of summons on the grounds of lack of personal jurisdiction. The issue presented is whether California may constitutionally assert jurisdiction over a nonresident telemarketing corporation when a California resident initiates a phone call to buy a product, reaches a telemarketer who handles the order, the telemarketer then initiates a sale of a separate product and allegedly makes misrepresentations during the sales pitch for the separate product. We conclude personal jurisdiction is proper.

FACTUAL AND PROCEDURAL BACKGROUND

WTC is a wholly owned subsidiary of West. Both corporations are organized under the laws of the state of Delaware and have their headquarters in Nebraska. Neither maintains any offices or employees in California, is licensed to do business in California, nor owns property in California.

WTC is an “inbound teleservices bureau.” WTC answers telephone calls for 800…