Wiener

Wiener v. Perez CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 24, 2022D078297California9,893 words

Opinion

Opinion

Do, J.

INTRODUCTION

Steven Donald Wiener (Steve1) appeals from an order quashing service of summons on the named non-California defendants in his lawsuit for lack of personal jurisdiction. In his lawsuit, Steve alleged he formed a partnership with his father, Donald Joseph Wiener Coss (Donald), in the 1980s to purchase land in Mexico, where his father lived. Steve alleged Christine Louise Wiener (Christine), Donald’s daughter from another marriage, and Raphael Gama Perez (Gama), Donald’s lawyer in Mexico, conspired with Donald to defraud him of his interest in the Mexico real estate investments. At the time of the alleged fraud, Steve claimed Donald was living in California. Steve, a California resident, sued Gama, Christine in her individual capacity and as executor for the Estate of Donald Joseph Wiener Coss (the Estate), and the Estate itself (collectively, Respondents). Because Gama and Christine are legal residents of Mexico and are not physically located in the United States, Steve served them with the summons and complaint in Mexico, in accordance with the Hague Convention. Respondents moved to quash the service of summons for lack of personal jurisdiction. They asserted that…

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