Serafini

This is an original proceeding in mandate to command the superior court to quash the service of process on Terry A. Serafim, who is not a resident of California, on the ground of lack of jurisdiction.

In the underlying action Syed Khadir, the plaintiff, seeks damages related to an alleged wrongful termination of his employment with RPM Systems. Serafim is an officer and director of an out-of-state corporation which has an ownership interest in and manages RPM Systems.

The superior court denied Serafini’s motion to quash the service of summons. Serafim contends Khadir failed to carry his burden of proof justifying jurisdiction. We agree. In the published portion of the opinion we conclude the contention has merit and we will issue a writ overturning the order denying the motion to quash.

Facts and Procedural Background

Khadir filed a complaint tendering claims of unlawful termination of his employment with RPM Systems and intentional infliction of emotional distress, in part by derogatory remarks concerning Khadir’s ethnicity, national origin, and religion. The first amended complaint, extant at the time of the motion to quash (hereafter the complaint), consists of a…