Russell v. Landau

From the order quashing service of summons on the ground that defendant was a nonresident temporarily in California as a party litigant and as a witness to testify in judicial proceedings, plaintiff appeals. Appellant contends that under the circumstances, the rule of immunity against service of process cannot be fairly invoked by respondent. This claim necessitates a review of the background of the controversy.

The Parties

Appellant is a daughter of Morris Marks Landau, the deceased brother of respondent. In December, 1941, in the Union of South Africa, Morris created an inter vivos trust with…