Civil Procedure Keyed to Cound
Asahi Metal Industry Co. v. Superior Court
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Zurcher filed a product liability action in a California state court, alleging that a tire on the motorcycle blew out and that the tire, along with its tube and sealant, were defective. Zurcher settled with the manufacturer of the tube, a Taiwanese company named Cheng Shin Rubber Industrial Co. Cheng Shin then filed a cross complaint against Ashahi Metal Industry Co., the manufacturer of the tire valve assembly, seeking indemnification. Asahi is located in Japan. Sales between Cheng Shin and Asahi typically took place in Taiwan and products were be shipped from Japan to Taiwan. An affidavit from Cheng Shin stated that Asahi knew that the tire tubes containing Asahi’s product would be shipped to the United States and would be subject to lawsuits in California. The trial court denied a motion to quash the summons because Asahi does business on an international scale. The Court of Appeals issued a writ of mandate commanding the trial court to quash summons, holding that jurisdiction could not be predicated solely on the basis of the foreseeability of Asahi’s products being sold in the United States. The Supreme Court of California reversed, discharging the writ on the grounds that Asahi “benefited indirectly from the sale in California of products incorporating its components.” Asahi appealed.
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