Ault v. Dinner for Two, Inc

In Ault v. Dinner for Two, Inc. (1972) 27 Cal.App.3d 145, a nonresident defendant published and sold books of tickets enabling each purchaser to obtain dinners at a discount in participating restaurants. Plaintiff contacted defendant and the two entered into a contract under which plaintiff was employed as defendant's exclusive California representative to represent defendant and solicit business for it in California. Defendant had no prior California representation and had conducted no business in California. Orders which plaintiff obtained, together with information concerning the restaurant involved, were to be forwarded by plaintiff to defendant in New Jersey which, if it decided to accept the order, was to mail a confirmation of acceptance directly to the restaurant. However, after plaintiff had solicited certain orders and defendant had mailed some confirmations to restaurants, disagreements developed between plaintiff and defendant and their relationship terminated. No orders were completed and defendant canceled all orders which it had accepted earlier. From these recited facts, the court found sufficient contacts of Ault v. Dinner for Two, Inc. within California to subject it to the jurisdiction of the California courts, resting its ruling on the fact that ". . . the contract under consideration was to be performed in California . . . . Moreover, the corporation had direct contact with several of these restaurant owners -- . . . ." ( Id., at p. 151.)