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California Civil Procedure, Keyed to Levine, 6th Ed.
Dill v. Berquist Construction Co.
Citation:
24 Cal. App. 4th 1426, 29 Cal. Rptr. 2d 746 (1994)Facts
Plaintiff Jim Dill filed a personal injury action in March 1987 against multiple defendants including Berquist Construction Company and Strata America, both out-of-state corporations. In June 1988, Dill attempted service by mailing copies of the summons, complaint, and statement of damages via certified mail, return receipt requested, to addresses in Oregon and Utah. The envelopes were addressed solely to the corporate defendants themselves, not to any individual officer or authorized agent. The return receipt for Berquist was signed by Kelly Nofziger as “Addressee,” and the receipt for Strata was signed by L. Warner as “Agent.” Neither defendant filed responsive pleadings. Dill obtained entry of their defaults in May 1989, and a default judgment of $200,000 was entered in April 1991. In October and December 1991, both defendants specially appeared and moved to dismiss under section 583.210, arguing that service was invalid because the summons had not been mailed to individuals specified in section 416.10 as authorized to receive service on behalf of corporations.
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