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Service of Process

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Plaintiff sought to serve her petition for issuance of a Civil Harrassment injunction on the defendant by social media since she had been unable to serve him by normal means of service of process.  Though it notes that some states (New York, New Jersey and Texas) have allowed service of process by social media, this decision holds that at least… Read More

In computing the three-year time within which summons and complaint must be served, CCP 583.240(b) excludes any time in which the prosecution of the action or proceedings in the action was stayed and the stay affected service.  This case holds that if litigation between plaintiff and defendant 1 is stayed (as it was here while those parties engaged in a… Read More

Plaintiff obtained a court order permitting service of process by publication and specifying that the complaint and summons be published in the Orange County Register, but instead of complying, plaintiff published them in a smaller newspaper of general circulation owned by one of the OCR’s subsidiaries, which resulted in ineffective service. Read More

A trial court erred in denying plaintiff enforcement of its $11 million judgment against defendant obtained in a court in Moscow, Russia, since defendant failed to establish any valid defense under the Uniform Foreign-Country Money Judgment Recognition Act and official court documents adequately proved sufficient service of process on defendant’s registered Moscow address. Read More

The automatic stay in bankruptcy does not extend the three-year deadline for serving process on a co-defendant of the bankrupt debtor, that is not itself in bankruptcy. Read More

Complaint and summons may be served by mail on a defendant in a foreign country so long as authorized by the forum jurisdiction’s laws and not objected to by the foreign country.  Read More

Trial court erred in allowing suspended (and eventually dissolved) corporation relief from default judgment, since its agent for service of process was served, thus giving it actual knowledge of the suit.  Read More

Service of summons and complaint on defendant was considered adequate when his father accepted substituted service at home, defendant could not establish that he had a permanent residence elsewhere, and his father gave him actual notice of the suit within three days of the substituted service.  Read More