M. Lowenstein & Sons, Inc. v. Superior Court

Opinion

REYNOSO, J.

The parties are before us on a writ of mandate and/or prohibition. M. Lowenstein & Sons, Inc., the petitioner, seeks to overturn a procedural determination by the trial court. The court’s order had denied petitioner’s motion to quash service and alternatively to dismiss the complaint.

Three basic issues are raised; First, may petitioner (a defendant) be served by mail outside the state when it, a foreign corporation, has designated an agent to receive personal service within the state? Second, if so, is the California statutory scheme unconstitutional which permits service by…