Brandeburg

Brandeburg v. New York Telephone & Telegraph Co.

Good Law
123 Cal. Rptr. 255·1975 Cal. App. LEXIS 1261·49 Cal. App. 3d 893
Court of Appeal of CaliforniaJuly 15, 1975Civ. No. 35013California1,324 words

Opinion

Lead Opinion

Elkington, J.

In a California action brought by plaintiff Bartholomew Brandeburg against New York Telephone and Telegraph Company *895 (hereafter “New York Telephone”), a foreign corporation, for damages for personal injuries, the superior court granted New York Telephone’s motion to quash service of summons. Plaintiff has appealed from the order granting the motion.

The basic issue of the appeal is whether California could constitutionally exercise jurisdiction over the action.

California’s Code of Civil Procedure section 410.10 provides that: “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.”

Such an exercise of jurisdiction by the state against a nonresident corporation is consistent with due process and other constitutional principles, when the corporation’s activity consists of “an act done or transaction consummated in the forum State” or “some [other] act by which the [corporation] purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” (Hanson v. Denckla, 357 U.S. 235, 251, 253 [ 2 L.Ed.2d…

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