Sabek, Inc. v. Engelhard Corp.

After the third order quashing service of summons on respondent Engelhard Corporation (Engelhard), appellant Sabek, Inc., filed this appeal, contending it is entitled to prove the court’s personal jurisdiction over Engelhard. Sabek also challenges the court’s order imposing sanctions for Sabek’s disregard of the previous orders finding no minimum contacts between Engelhard and the State of California. We hold that the issue of personal jurisdiction was precluded by direct estoppel, and therefore affirm the order.

Background

Sabek owns a parcel of commercial property at 340 Moffett Boulevard in Mountain View. In August 1992 Sabek learned that the soil and groundwater underneath its property was contaminated with hazardous chemical substances. In December 1992 Sabek sued Union Bank, which owned adjacent property, alleging that the bank was responsible for the contamination.

In January 1996 Sabek filed its third amended complaint, which added 10 new defendants, including Engelhard. In this 10-count pleading Sabek asserted causes of action for negligence, strict liability, nuisance, and trespass.

Engelhard moved to quash service of summons on several grounds, including…