## Facts

- A California motorcyclist alleged he suffered severe injuries in a California collision and that his “Dias Safety Helmet” failed, contributing to those injuries.
- The helmet was designed and manufactured in Japan by D.S. Kogaco Co., Ltd., which later merged into Shoei Kako Co., Ltd., a Japanese corporation.
- The manufacturer’s helmets entered the United States through intermediaries and reached California consumers.
- The plaintiff served Shoei Kako in Japan by registered mail, sending an English-language summons and complaint to its head office; a company employee signed the receipt.
- Shoei Kako specially appeared and moved to quash service, arguing lack of personal jurisdiction and invalid service under the Hague Service Convention and due process (including the absence of a Japanese translation).
- The trial court denied the motion to quash, and Shoei Kako sought writ relief in the California Court of Appeal.

## Issues

1. Whether California could exercise personal jurisdiction over a Japanese manufacturer whose product entered California through distribution channels and allegedly caused injury in California.
2. Whether the Hague Service Convention permitted service of process by registered mail sent directly to the defendant in Japan.
3. Whether due process required a Japanese translation of the summons and complaint where the defendant received the documents and could understand English.

## Decision

- The Court of Appeal denied writ relief, leaving in place the order denying the motion to quash service.
- California could exercise personal jurisdiction because the manufacturer’s placement of helmets into distribution channels reaching California created sufficient minimum contacts related to the injury claim.
- Service by registered mail to Japan was consistent with the Hague Service Convention because Japan had not objected to Article 10(a)’s allowance of service through postal channels.
- Service in English without translation did not violate due process where the defendant actually received notice and was able to understand English and respond.

## Legal Principles

- A foreign manufacturer may be subject to forum jurisdiction when it places products into distribution channels intended to serve the forum market and the litigation arises from an alleged in-forum injury caused by the product.
- Under the Hague Service Convention, service via postal channels may be used when the receiving state has not objected to the relevant treaty provision permitting such service.
- Due process requires notice reasonably calculated to inform the defendant and an opportunity to be heard; translation is not constitutionally required when the defendant receives notice and can understand the served documents.

## Conclusion

The court upheld California jurisdiction over a Japanese helmet manufacturer whose products reached California consumers, held that registered-mail service to Japan was permissible under the Hague Service Convention where Japan did not object to postal service, and rejected a due process challenge based on the lack of a Japanese translation.


Shoei Kako Co. v. Superior Court, 33 Cal. App. 3d 808, 109 Cal. Rptr. 402 (Ct. App. 1973)