Walter J. Taubler v. Robert Giraud and Philippe Giraud

Good Law
655 F.2d 991·1981 U.S. App. LEXIS 17952
United States Court of Appeals for the Ninth CircuitSeptember 8, 198179-3726California2,976 words

Opinion

Opinion

Choy, J.

Walter J. Taubler (“Taubler”) brought suit against two French citizens for breach of contract and antitrust violations. The district court dismissed the action, finding that it had no in personam jurisdiction over the defendants. We reverse, finding that the defendants had sufficient contacts with the State of California to justify assertion of jurisdiction there for the purpose of this action.

I. Facts as Alleged

The action below was dismissed under Rule 12(b)(2) of the Federal Rules of Civil Procedure. Accordingly, we presume true the facts as alleged by Taubler.

Taubler met the Girauds while he was a salesman for Bass-Charrington Vintners, Ltd., a California wine distributor. Philippe and Robert Giraud are the father-and-son owners and operators of a winery and wine distribution business in France. Philippe Giraud came to California in 1972 to promote the Girauds’ wine. Taubler and Philippe traveled to several California locations, visiting wine retailers and distributors. In 1973, Taubler met the Girauds at a French wine promotional event in New York and traveled with them to California. During this time, Taubler developed a personal and working relationship with the…

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