California Brewing Co. v. Red Star Yeast & Products Co.

Plaintiff brought suit in this Court against four defendants, alleging that the defendants conspired to violate and did violate the federal antitrust laws. The first named defendant, a corporation, was served with process within the State of California and is properly before this Court. The other three defendants, who are individuals, were served with process outside the State of California: The motion of these three defendants to quash service of summons upon them was granted, because there were no circumstances present that would make extraterritorial service of process effective. The three individual defendants now move to have the complaint dismissed as to them. Plaintiff resists this motion, claiming that the Court has discretion to permit such defendants to be retained as named parties until the time of trial, and that this Court ought to so exercise its discretion in order to give the plaintiff an opportunity to serve those defendants if they are found within the State of California.

Upon examination of the authorities cited in support of the defendants’ contention that they are entitled to a dismissal in this situation as a matter of right, this Court has concluded that…