Kiernan v. Sup. Ct.
Petitioner, and certain business entities are the named defendants in a complaint for damages, labeled a derivative and direct action, brought by real party in interest Balbinder Thiara (Thiara), and arising from business dealings between Thiara and Kiernan. By timely petition for writ of mandate (Code Civ. Proc., 418.10, subd. (c)), Kiernan challenges an order denying his motions to quash service of summons for lack of personal jurisdiction ( 418.10, subd. (a)(1)) and/or to stay or dismiss the action ( 418.10, subd. (a)(2)).
Let a peremptory writ of mandate issue, commanding respondent, County of San Francisco Superior Court, to set aside its order filed February 5, 2007, denying defendant Robert E. Kiernan IIIs motion to quash service of summons and his motion to dismiss based on an exclusive forum selection clause, and to instead grant the motions.
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