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Service of Process

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Plaintiff secured a default judgment against defendant in 2008 based a proof of service showing service on him personally at a specified address.  In 2018, plaintiff moved to renew the judgment and served notice of the motion on plaintiff by mail.  Defendant first moved to set aside the renewed judgment submitting a declaration conceding that he had received notice of… Read More

In a quiet title action, if summons is served by publication, the published notice must describe the property at issue, giving either or both of its street address or legal description.  (CCP 763.,020.)  Here, the published notice gave only the assessor's parcel number.  As the notice did not comply with the statute, it was insufficient; so the default of the… Read More

The trial court retains jurisdiction to consider and approve a final report by a receiver appointed to remediate a nuisance caused by a substandard building is appointed under both H&S Code 17980.7 even after the plaintiff governmental entity dismisses the action.  The receiver's final report and motion for its approval must be served on all persons with an interest in… Read More

In a personal injury action, a plaintiff must, before entry of a default serve the defendant with a statement of damages by the same means as the plaintiff served the summons and complaint.  Here, service by publication had been authorized.  Plaintiff could and did properly serve the statement of damages by publication without an additional order permitting service of the… Read More

After serving a defendant by publication, the plaintiff may obtain entry of the defendant's default if the defendant does not file an answer, a motion to transfer, a motion to quash service of summons, a motion to strike or a demurrer within the time for filing an answer.  (CCP 585(c).)  Here, within the time for answering, defendant filed a motion… Read More

The trial court did not abuse its discretion in permitting service by publication.  Substantial evidence supported its finding that plaintiff had made diligent efforts to locate Singh and serve him by other means.  He had tried service by mail, but received no signed receipt.  He tried substituted service at Singh's purported place of business but found no one present with… Read More

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

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