Far Fabbri v. Sup. Ct.
Filed 5/25/06 Far Fabbri v. Sup. Ct. CA4/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
FAR FABBRI, S.r.l., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; RAY CAMMACK SHOWS, INC., Real Party in Interest. | G036420 (Super. Ct. No. 04CC07252) O P I N I O N |
FAR FABBRI, S.r.l., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; TRACI TOMACK, Real Party in Interest. | G036580 |
Original proceedings; petitions for a writ of mandate to challenge orders of the Superior Court of Orange County, Charles Margines, Judge. Petitions granted and writ issued.
Sabaitis • O'Callaghan, Frank T. Sabaitis, Brian C. Merges and Melyssa A. Avola for Petitioner.
No appearance for Respondent.
Law Offices of Melvin F. Seifert, Richard L. Scott; Lewis Brisbois Bisgaard & Smith and Roy G. Weatherup for Real Party in Interest Ray Cammack Shows, Inc.
Law Office of Steven W. O'Reilly and Steven W. O'Reilly for Real Party in Interest Traci Tomack.
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Plaintiff and real party in interest Traci Tomack alleged she suffered injuries from a carnival ride at the Orange County Fairgrounds in 2003. The ride, which was portable, was owned and operated by defendant and real party in interest Ray Cammack Shows, Inc. (Ray Cammack Shows). Petitioner Far Fabbri, S.r.l. (Far Fabbri), an Italian company, manufactured the ride in Italy. Far Fabbri sold the ride to a Dutch company, which sold the ride to Ray Cammack Shows, which picked up the ride in Houston, Texas and since has transported it to locations in California, Arizona, and Texas.
In these consolidated writ proceedings, we conclude Far Fabbri is not subject to personal jurisdiction in California for claims arising out Tomack's injuries allegedly caused by the carnival ride. Ray Cammack Shows and Tomack failed to meet their burden of proving Far Fabbri purposefully availed itself of forum benefits. The evidence established Far Fabbri did not place the ride in the stream of commerce with the expectation it would be used by consumers in California, did not intend to serve the California market directly or indirectly, and did not earn substantial income from the sale or use of its products in California. We therefore issue a writ of mandamus directing the superior court to grant Far Fabbri's motions to quash service of summons for lack of personal jurisdiction. Jurisdictional Facts
Tomack alleged she was injured while riding an amusement park ride called the â€
