Thos. P. Gonzalez Corporation v. Consejo Nacional De Produccion De Costa Rica, and Sergio Quiros Maroto

Good Law
614 F.2d 1247·1980 U.S. App. LEXIS 19784
United States Court of Appeals for the Ninth CircuitMarch 10, 198077-3312California4,383 words

Opinion

Opinion

East, J.

Thos. P. Gonzalez Corp. (Gonzalez), a California corporation, appeals the District Court’s judgment entered September 26, 1977, dismissing the action and setting aside the default judgment entered against the Consejo Nacional de Producción de Costa Rica (the Consejo) and Sergixx.Quiros Maroto (Quiros), executive president of the Consejo, on February 26, 1976. We note jurisdiction and affirm.

ISSUES ON APPEAL

Gonzalez presents the following issues on appeal:

1. Did the Consejo and Quiros have sufficient contacts with California to justify a District Court in California exercising personal jurisdiction over them?

2. Did service of the summons and complaint to the Costa Rican Consul General in Los Angeles with the request that he for-' ward them to the Ministry of Foreign Affairs in Costa Rica constitute effective service of process?

3. Did the Court abuse its discretion in granting relief from default for mistake, inadvertence, surprise, and excusable neglect?

FACTS

Gonzalez is an international grain trader with its principal place of business in California.

The Consejo is an autonomous institution of the Republic of Costa Rica charged with, inter alia, regulating the Costa…

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