M. LOWENSTEIN & SONS, INC. v. SUPERIOR COURT

Docket No. 16405.

80 Cal.App.3d 762 (1978)

145 Cal. Rptr. 814

M. LOWENSTEIN & SONS, INC., Petitioner, v. THE SUPERIOR COURT OF SISKIYOU COUNTY, Respondent; GRANT DAVIDSON, Real Party in Interest.

Court of Appeals of California, Third District.

May 9, 1978.


Attorney(s) appearing for the Case

COUNSEL

Hardy, Erich & Brown and Anthony D. Osmundson for Petitioner.

No appearance for Respondent.

Barr & Minoletti and Jack T. Polance for Real Party in Interest.


OPINION

REYNOSO, J.

The parties are before us on a writ of mandate and/or prohibition. M. Lowenstein & Sons, Inc., the petitioner, seeks to overturn a procedural determination by the trial court. The court's order had denied petitioner's motion to quash service and alternatively to dismiss the complaint.

Three basic issues are raised: First, may petitioner (a defendant) be served by mail outside the state when it...

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