Lisoni v. Dave Cole Pontiac, Inc.

Opinion

ROTH, P. J.

Appellant, Joseph Louis Lisoni, a California resident, served Dave Cole Pontiac, Inc., (a New Jersey corporation)

[447]

dent) with a summons and complaint in New Jersey. The complaint sought damages caused as the proximate consequence of the defective assembly of a brake hose in an automobile manufactured by General Motors Corporation and retailed by respondent in New Jersey. Respondent moved to quash service of summons on the ground that California had no jurisdiction. The motion was granted.

This appeal is from the order.

The facts are undisputed.

The complaint names General Motors Corporation and Does 1-20 as defendants and is predicated upon strict liability in tort against the manufacturer and retailer of the automobile

(Elmore

v.

American Motors Corp.

(1969) 70 Cal.2d 578 [75 Cal.Rptr. 652, 451 P.2d 84];

Vandermark v. Ford Motor Co.

(1964) 61 Cal.2d 256 [37 Cal.Rptr. 896, 391 P.2d 168]), and includes respondent as a defendant under the authority of section 410.10 of the Code of Civil Procedure.

A court of this state may, subject to the test of “due process,” exercise personal jurisdiction over a nonresident on any basis not inconsistent with the Constitution of this state, or of the United States. (Code.Civ. Proc., § 410.10.)

The test of “due process” was established in the landmark case,

Internat. Shoe Co.

v.

Washington

(1945) 326 U.S. 310 [90 L.Ed. 95, 66 S.Ct. 154, 161 A.L.R. 1057].

Internat. Shoe,