Shisler v. Sanfer Sports Cars, Inc

In Shisler v. Sanfer Sports Cars, Inc. (2006) 146 Cal.App.4th 1254, an individual residing in California purchased a used automobile from a Florida corporation with its principal place of business in Miami. The seller had never owned or leased property in California, had never "directly advertised" in California, and had never "intentionally targeted any California resident as a potential buyer or seller of an automobile." (Id. at p. 1257.) Over 32 years and nearly 45,000 sales, the seller sold fewer than 10 autos to California residents. (Ibid.) The buyer saw a used car on the seller's Web site; the Web site indicated the seller would ship vehicles "'worldwide.'" (Ibid.) The buyer and seller negotiated a purchase of the car over the phone and through the mail; the contract for sale was prepared in Florida and mailed to the plaintiff in California. (Id. at pp. 1257-1258.) The buyer selected a shipping company from a list provided by the seller. (Id. at p. 1258.) It was "undisputed that title to the vehicle passed to plaintiff when the shipper took possession of the vehicle in Florida." (Ibid.) The buyer, dissatisfied with the car upon receipt, sued the seller in California; the seller moved to quash service of the summons and the trial court granted the motion. (Ibid.) The Shisler court affirmed the trial court, finding it lacked both general and specific jurisdiction over the seller. In denying specific jurisdiction, the court found the seller did not purposefully avail itself of the benefits of the California forum merely by posting its inventory on its Web site or by negotiating a sale with the buyer after the buyer initiated the sales process. (Shisler, supra, 146 Cal.App.4th at pp. 1260-1262.) The court cited a number of factors leading to this conclusion: the seller's Web site was purely informational and not interactive; the seller did not intentionally target California consumers; this was a "one-time transaction" with the buyer; and there was no further contact (besides the lawsuit) with the buyer following the delivery of the car. (Ibid.)