Titzer

Nam Tai Electronics, Inc. v. Titzer

Bad Law
113 Cal. Rptr. 2d 769·2001 Cal. App. LEXIS 2544·2001 D.A.R. 12·2001 Daily Journal DAR 12339·93 Cal. App. 4th 1301
Court of Appeal of CaliforniaNovember 26, 2001B149382California4,235 words

Opinion

Opinion

Curry, J.

This is an appeal from an order of dismissal following the grant of respondent Joe Titzer’s motion to quash service of process on a complaint filed by appellant Nam Tai Electronics, Inc. We affirm.

Factual and Procedural Background

The essential facts are not in dispute. Appellant is a consumer electronic products manufacturer incorporated under the laws of the British Virgin Islands and based in Hong Kong. Appellant’s stock is publicly traded in the United States on the NASDAQ National Market System. Respondent is an individual residing in Colorado.

Respondent, using seven different aliases, posted 246 messages on Yahoo! Internet message boards, some of which were devoted to discussions of appellant’s stock. Yahoo! is a California corporation based in Santa Clara, California. In order to avail himself of the opportunity to post on a Yahoo! message board, respondent was required to register a nickname or alias known as a Yahoo! ID, and agree to Yahoo!’s terms of service. The terms of service include a promise not to post any content that is unlawful, defamatory, libelous or otherwise objectionable. The terms of service further state that the relationship between the…

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