Judge grants Skadden’s motion to quash service of summons

A Long Beach judge granted a motion to quash a Vietnamese cosmetics company's service of summons of a New York based global wellness company for lack of personal jurisdiction in California.

But Judge Michael P. Vicencia's 12-page minute order issued on Jan. 25 also detailed with extensive case citations how the plaintiffs' other jurisdictional bases failed.

Agreeing with arguments by defense attorneys from Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, Vicencia dispensed with general jurisdiction claims under the agency theory, the representative services doctrine and successor liability. He also denied plaintiffs' request for leave to conduct jurisdictional discovery. Duong Minh Import-Export Company Ltd. et al. v. Ha Kim Nguyen et al., 23LBCV01268 (L.A. Sup. Ct., filed July 7, 2023).

Skadden's client is Waldencast plc, which was sued by the Duong Minh Import-Export company as it had acquired as a subsidiary Obago Cosmeceuticals. Duong Minh accused Obagi, and Waldencast officials, of tortious interference with prospective economic relations and seven other torts for rescinding an agreement to advertise and sell Obagi products in Vietnam.

Vicencia found that the plaintiffs had presented no evidence that Waldencast or its executives had done any business in California related to the plaintiffs' claims or controlled Obagi's day-to-day operations.

Waldencast's motion was argued by Skadden Los Angeles counsel Adam K. Lloyd, and the briefing team included Jason D. Russell, Adam K. Lloyd, and Eric J. Greenberg in Los Angeles, as well as Gregory A. Litt, Maxim Mayer-Cesiano, and Quinn M. Balliett in New York.

The plaintiff was represented by Kristin L. Walker-Probst and Courtney C. Wenrick of Womble Bond Dickinson (US) LLP. They could not be immediately reached for comment Tuesday.

-- Laurinda Keys