Cassiar Mining Corp. v. Superior Court of Orange Cty.

Good Law
1998 Cal. App. LEXIS 754·66 Cal. App. 4th 550·78 Cal. Rptr. 2d 167·98 Daily Journal DAR 9533·98 Cal. Daily Op. Serv. 6926
Court of Appeal of CaliforniaSeptember 1, 1998No. G023070California3,251 words

Opinion

Lead Opinion

Crosby, J.

For some 40 years, Cassiar Mining Corporation, a Canadian company, admittedly sold thousands of tons of raw asbestos fiber directly to California manufacturers who incorporated the asbestos into finished products. California workers allegedly were exposed to these asbestos fibers *553 here, thereby sustaining progressive lung diseases. They claim Cassiar failed to adequately warn of the health risks.

We apply the Supreme Court’s decision in Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434 [ 58 Cal.Rptr.2d 899 , 926 P.2d 1085 ] to find sufficient contacts to justify the exercise of specific jurisdiction. The instant litigation results from injuries “related to” Cassiar’s forum activities of selling asbestos to certain companies located in California.

Cassiar argues there is no “evidence of record” that plaintiffs were actually exposed to the asbestos fibers it sold in California or sustained injury as a result. Following Vons we will not impose such a strict causation burden for jurisdictional purposes, nor will we require a minitrial. It is manifestly “fair” to require that Cassiar account in California for the consequences of its activities within the…

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