Mitsui Manufacturers Bank v. Tucker

Opinion

BROWN (Gerald), P. J.

Plaintiff Mitsui Bank appeals an order quashing service of summons on defendant Karen Tucker, administratrix of the estate of Oral W. Tucker, Jr., deceased, for lack of personal jurisdiction.

[430]

But for the fortuity of death, the propriety of California jurisdiction would be unchallenged.

On July 6, 1982, California residents Oral Tucker and his business associate, William Aubry, borrowed $30,000 from Mitsui’s San Diego, California office. Oral lived in San Diego, his principal place of business was in San Diego, and he intended to use the loan money for that business in California. The loan was to be repaid in San Diego.

When Oral died on September 7, 1982, his wife Karen, who had moved from California to Arizona the previous week, was appointed administratrix of his estate in Maricopa County, Arizona. Mitsui filed a creditor’s claim with the Arizona court for the balance on the note, but it was denied for procedural reasons. Mitsui then sued Karen in her representative capacity in San Diego County Superior Court. Karen appeared specially in the San Diego proceeding, asking the court to quash service of summons (Code Civ. Proc.,

1

§ 418.10) on the ground, among others, that California did not have personal jurisdiction over her. The superior court quashed service for lack of personal jurisdiction, stating “there is no suable entity within the jurisdiction of this Court in connection with the potential liability of the estate of Oral W. Tucker, Jr.”

Mitsui contends the court erroneously quashed service of summons based upon an atavistic common law concept: A foreign personal representative lacks capacity to bring, and is immune from, lawsuits outside the state of his appointment

(Canfield

v.

Scripps

(1936) 15 Cal.App.2d 642, 646 [59 P.2d 1040]; Rest., Conf. of Laws, § 512). Foreign representative immunity from suit is no longer the general rule. Rather, the modern rule is: “An action may be maintained against a foreign executor or administrator upon a claim against the decedent when the local law of the forum authorizes suit in the state against the executor or administrator and (a) suit could have been maintained within the state against the decedent during his lifetime because of the existence of a basis of jurisdiction other than mere physical presence.” (Rest.2d Conf. of Laws, § 358.) Mitsui correctly asserts “suit could have been maintained” against Oral, because he had ample minimum contacts with California: He entered into a California contract, resided there, and ran a California business