Star Aviation, Inc. v. Superior Court

Opinion

COBEY, J.

Petitioner, Star Aviation, Inc., requests a writ of mandate directing respondent "superior court to vacate its order denying petitioner’s motion to quash service of summons and to enter a new order granting its motion. (See Code Civ. Proc., § 418.10.) On July 22, 1977, we issued an alternative writ of mandate and set the matter for hearing.

The issue presented by this petition is whether California, consistent with the due process clause of the United States Constitution, may assert jurisdiction over a nonresident corporation whose allegedly tortious acts occurred outside the state. For the reasons set forth below, we have determined that California may not assert jurisdiction over petitioner.

Facts

The action underlying this lawsuit arises out of a plane crash which occurred on December 26, 1975, near Granby, Colorado, on a charter flight of approximately 25 miles from Denver, Colorado, to Granby, Colorado. Plaintiffs therein, then residents of New Jersey and Massachusetts,

1

filed suit in California against petitioner, operator of this plane, for

[810]

the wrongful death of Stewart Nelson, a California resident killed in the plane crash.

2

Petitioner moved to quash service of summons upon it for lack of jurisdiction over its person. The trial court denied the motion and held that sufficient contacts existed for California to subject petitioner to such jurisdiction.

Petitioner, a Colorado corporation, is a small localized air charter operator located in Denver, Colorado. It has never been licensed to do business in California and it has never had agents, personnel, offices or property within California. It has never advertised nor solicited business in California. The decedent in the present case sought out the services of petitioner when he was in Colorado. Petitioner’s sole connection with this state is that since its incorporation ten years ago, petitioner’s planes have made three landings in the state, one in 1974 and two in 1975. The passengers on those flights were Colorado residents. Much of petitioner’s business, however, has consisted of carrying passengers from all over the United States from Denver to various ski resorts' in the Colorado Rockies. The decedent was such a passenger.