De Golia v. Twentieth Century-Fox Film Corporation

Defendants RKO Pictures Corporation and Radio-Keith-Orpheum Corporation (hereinafter defendants) have each filed motions to dismiss the complaint as to them and to quash the purported service of process. These motions have argued and submitted.

The defendants base their motions on the contention that they are not inhabitants of California, nor are or ever have been transacting business in this State. Plaintiff, on the other hand, while admitting that defendants are not inhabitants of California nor are authorized to do business here personally, alleges that defendants do business in this State through the agency of their local co-conspirators. If the conspiracy is established, defendants are doing business in this State. Giusti v. Pyrotechnic Industries, 9 Cir., 1946, 156 F.2d 351 . If defendants are doing business in California, they may be sued here even though they have not complied with the laws respecting designation of an agent for process, and they may be served wherever found for purposes of an antitrust action. California Corp. Code, § 6501; Clayton Act, § 12, 15 U.S.C.A. § 22 .

As defendants’ participation in the conspiracy, if any, cannot be ascertained before trial,…