MacRi v. Carson Tahoe Hospital, Inc.

STONE, J.

Respondent, Carson Tahoe Hospital, Inc., a Nevada corporation located in the State of Nevada, assigned its claim for unpaid charges for hospital services furnished appellant in Nevada, to Credit Corporation of Sacramento, a collection agency. Attorneys employed by Credit Corporation filed an action in the name of the corporation, based on a common count, against appellant and her husband. The complaint alleged assignment of the claim.

Appellant answered and also filed a cross-complaint against Carson Tahoe Hospital, Inc., as a new party cross-defendant, alleging malpractice. Service of the cross-complaint was made upon the California attorneys hired to institute the collection suit by Credit Corporation, the assignee of Carson Tahoe Hospital, Inc.

Respondent employed independent counsel and by special appearance moved to quash service of summons and cross-complaint on the ground of lack of jurisdiction. The supporting declarations aver that Carson Tahoe Hospital, Inc. is a Nevada corporation not licensed to do business in California; that the corporation appears in this action solely for the purpose of pursuing its motion to quash; that the corporation has no place of business in California and none of its officers or agents has an office in or resides in California; that the corporation owns no real or personal property of any kind situate in California; that it is not doing business nor has it at any time mentioned in the complaint or cross-complaint done business in the State of California.

Appellant appeals from the order granting motion to quash service of summons on cross-complaint.

Appellant does not contend that respondent corporation, by assigning the account for collection, was doing business within the due process concept of jurisdiction that requires “certain minimum contacts” within the state of the forum in order that “the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice. ’ ”

(International Shoe Co.

v.

Washington,

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

McGee v. International Life Ins. Co.,

355 U.S. 220 [2 L.Ed.2d 223, 78 S.Ct. 199];

Fisher Governor