Global Packaging, Inc. v. Superior Court

*1627 Opinion

INTRODUCTION

Petitioner Global Packaging, Inc. (Global Packaging), sought a writ of mandate pursuant to Code of Civil Procedure 1 section 418.10, subdivision (c) after the trial court denied its motion to quash service of summons for lack of jurisdiction. The court found a contractual provision to be a forum selection clause and interpreted this clause as subjecting Global Packaging to its jurisdiction.

We now grant the petition. The trial court improperly conflated venue, forum, and jurisdiction to imply Global Packaging’s consent to personal jurisdiction. The summons should have been quashed for lack of personal jurisdiction in California.

FACTS

Global Packaging, located in Pennsylvania, produces packaging for consumer products. It licensed some software from Epicor Software Corporation (Epicor), a Delaware corporation with its principal place of business in Orange County. Paragraph 11 of Epicor’s end user license agreement (agreement) provides in pertinent part: “Any controversy or claims arising out of or relat[][ 2 ] to this Agreement shall be venued only in the state or federal court in and [ ] (a) Orange County, California or (b) the jurisdiction in which…