Pacific Department Stores Co. v. Chang CA2/2

BACKGROUND

Chi Cheng Chang was a former executive director for appellant. Shih En Chang was a former employee. Appellant filed this action, claiming Chi Cheng Chang and Shih En Chang misappropriated money. Respondents were served with the summons and complaint in Taiwan. Respondents filed a motion to quash service of summons, arguing they were not properly served and lacked sufficient minimum contacts with the California forum. Initially the trial court found respondents were properly served but continued the proceeding to allow appellant to conduct discovery regarding the issue of minimum contacts with the forum. The trial court subsequently found sufficient minimum contacts and denied respondents’ motion to quash. Respondents then filed a motion to dismiss or stay the action based on forum non conveniens, arguing Taiwan was the proper forum. The trial court granted the motion and stayed the action. Appellant filed a motion for reconsideration of the stay; however, the hearing on the matter was set after the deadline to appeal the stay. Appellant then filed an ex parte application to advance the hearing. The application was denied.

2 Appellant then filed a timely notice of…