Hubei Gezhouba Sanlian Industrial Co. v. Robinson Helicopter Co.

MEMORANDUM *

Hubei Gezhouba Sanlian Industrial and Hubei Pinghu Cruise (collectively, “Sanli *600 an”) appeal the district court’s grant of summary judgment in favor of Robinson Helicopter Company (“RHC”). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

The district court erred in finding that the California state action was no longer pending after January 27,1998. Cf. Archibald v. Cinerama Hotels, 15 Cal.3d 853 , 126 Cal.Rptr. 811 , 544 P.2d 947, 950-52 (1976) (distinguishing between impact of dismissal and stay on basis of forum non conveniens). Accordingly, the tolling provision remained in place when Sanlian filed its complaint in the People’s Republic of China (“PRC”) in January 2001 and there was no basis for finding that enforcement of the PRC judgment would violate California’s public policy against stale claims.

Service of process does not provide an alternative basis for summary judgment. There are material issues of fact regarding whether Elizabeth Rougeau was authorized to receive service for RHC, whether she was given a “Summary of the Document to be Served” or a “Request for Service Abroad” and whether RHC received adequate notice of the…