Sibley
Sibley v. Superior Court
Opinion
lead Opinion
Richardson, J.
This case presents the question whether California courts may constitutionally assert jurisdiction over a nonresident individual solely by reason of his execution and alleged breach of a guaranty agreement regarding payment of monies owing to a California corporation. We have concluded that, under the circumstances in the present case, the guaranty transaction was not a sufficient basis on which to sustain personal jurisdiction over the nonresident guarantor, and that accordingly his motion to quash service of summons should have been granted.
The real party in interest herein, Carlsberg Mobile Home Properties, Ltd.—’72 (hereafter Carlsberg) is a limited partnership having its principal place of business in California. In December 1973, Carlsberg formed MTA-CMHPL, LTD. (hereafter MTA), a limited partnership, in California. The general partner of MTA is Sunrise Lakes, Inc. (hereafter Sunrise), a Georgia corporation. The purpose of MTA was to operate two mobile home parks in Georgia. Under the MTA partnership agreement, Sunrise promised to make certain monthly payments to Carlsberg. Petitioner Harper Sibley, a Florida resident, was one of three guarantors of Sunrise’s…
dissent Opinion
Mosk, J.
I dissent.
The issue is whether petitioner has the requisite minimum contacts with the State of California to justify California courts exercising jurisdiction over him. {Buckeye Boiler Co. v. Superior Court (1969) 71 Cal.2d 893, 905, fn. 9 [ 80 Cal.Rptr. 113 , 458 P.2d 57 ].)
In denying petitioner’s motion to quash, the trial court relied upon the following facts to justify retaining the case in California, rather than to compel the litigants to travel across the continent to the eastern seaboard for an adjudication of their rights. {Tiffany Records, Inc. v. M. B. Krupp Distributors, Inc. (1969) 276 Cal.App.2d 610, 615 [ 81 Cal.Rptr. 320 ].)
Carlsberg Mobile Home Properties, Ltd.-‘72 is a limited partnership formed in California pursuant to the provisions of the California Corporations Code.
The general partner of the limited partnership is Carlsberg Resources Corporation, a California corporation.
Both the limited partnership and the corporate general partner maintain their business and principal office in the County of Los Angeles, State of California. Neither entity maintains an office in any other state.