ZAP v. DaimlerChrysler
Plaintiff and Appellant ZAP (ZAP) filed suit against defendants and respondents DaimlerChysler AG (DCAG), Smart GMBH (Smart) and Ulrich Walker (Walker) (collectively defendants), for intentional and negligent interference with prospective economic relations among other causes of action. ZAP alleged that defendants interfered with ZAPs prospective business relations with respect to ZAPs efforts to become a United States distributor of fuel efficient cars, called Smart Cars, which were manufactured in Germany.
DCAG is a German corporation which manufactures automobiles. Smart is a wholly owned subsidiary of DCAG and also a German corporation. Smart manufactures the line of cars called Smart Cars. Walker, a citizen and resident of Germany, is the chairman of the board of Smart. ZAP served its complaint on defendants through procedures set forth in the Hague Convention. Defendants filed motions to quash service of the summons and to dismiss the complaint, which the trial court granted. ZAP appealed. Court affirm. For California to exercise personal jurisdiction over DCAG, Smart or Walker would not comport with fair play and substantial justice.
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