SHISLER v. SANFER SPORTS CARS , INC.,

SHISLER v. SANFER SPORTS  CARS , INC.,

Filed 12/20/06; pub. order 1/18/07 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

            Plaintiff Bryan Shisler is a California resident.  Defendant Sanfer Sports Cars, Inc., is a Florida corporation that maintains its principal place of business in Miami, Florida.  Plaintiff sued defendant in California on causes of action arising out of the purchase of a used car that plaintiff saw advertised on defendant's Web site.  The trial court granted defendant's motion to quash service of summons for lack of personal jurisdiction.  We shall affirm.

I.                                    Background

            Defendant is in the business of selling new and used automobiles.  Defendant's only physical place of business is in Miami, Florida and its principal clientele are residents of southern Florida.  Defendant was incorporated in Florida in 1973.  The company has never owned or leased property in California, has never directly advertised in the state, and has never intentionally targeted any California resident as a potential buyer or seller of an automobile.  Over the course of 32 years in business defendant has sold about 44,800 vehicles; fewer than 10 of those have been sold to persons living in California.  The company maintains a Web site that is accessible to anyone in the world with access to the Internet.  The Web site does not target California residents.

            In or about June 2004, plaintiff saw a 2002 BMW M5 advertised on defendant's Web site.  The Web site stated that defendant shipped vehicles â€