Shoei Kako Co. v. Superior Court

In Shoei Kako Co. v. Superior Court (1973) 33 Cal.App.3d 808, the Japanese government, as it was permitted under the convention, refused the employment of the methods of service and notice of article 10(b) and (c). However, article 10(a), in the absence of objection, provides the convention "shall not interfere with -- (a) the freedom to send judicial documents, by postal channels, directly to persons abroad." (20 U.S.T. 361-367.) Service of process by registered mail on a Japanese corporation, found to have sufficient contacts within California to uphold in personam jurisdiction, was held sufficient compliance with the treaty in question. The Court observed: "Article 1 of the treaty provides: 'The present Convention shall apply in all cases, in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad.' Articles 2 through 6 establish a system whereby each contracting state shall organize and designate a 'Central Authority' which will undertake to receive, and to reject or to execute, and to certify requests for service of process from other contracting states. Other methods of service are recognized. Article 8 permits service to be effected upon persons abroad through diplomatic or consular agents unless opposition has been declared by the state involved to such service on others than nationals of the originating state. Article 9 permits service by forwarding documents for service through consular or diplomatic channels to authorities who are authorized to effect service. The controversy in this case revolves about the provisions of article 10, which reads: 'Provided the State of destination does not object, the present Convention shall not interfere with -- (a) the freedom to send judicial documents, by postal channels, directly to persons abroad, (b) the freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officers, officials, or other competent persons of the State of destination, (c) the freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination.'" (Pp. 819-820.)