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
BRYAN SHISLER,
Plaintiff and Appellant,
v.
SANFER SPORTS CARS, INC.,
Defendant and Respondent.
H029791
(Santa ClaraCounty
Super. Ct. No. CV041750)
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€
Description
California courts lacked personal jurisdiction over foreign corporation in business of selling motor vehicles whose only alleged contacts with the state were that it advertised on the Internet, had sold a minimal number of motor vehicles to state residents in the past, and sold a vehicle --- alleged defects of which were the subject of the suit -- to plaintiff, a California resident who arranged to have an independent shipper of his choice take possession of vehicle outside the state and deliver it to plaintiff in California.
