8 Cited authorities

Volkswagenwerk Aktiengesellschaft v. Schlunk
486 U.S. 694 (1988) Cited 880 times 10 Legal Analyses
Holding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention
Bankston v. Toyota Motor Corp.
889 F.2d 172 (8th Cir. 1989) Cited 108 times 5 Legal Analyses
Holding that the Convention prohibits service by mail
Renoir v. Redstar Corp.
123 Cal.App.4th 1145 (Cal. Ct. App. 2004) Cited 39 times
Recognizing right of specially appearing defendant to set aside judgment deemed void due to lack of personal jurisdiction
Honda Motor Co. v. Superior Court
10 Cal.App.4th 1043 (Cal. Ct. App. 1992) Cited 38 times
Holding that service in Japan upon a Japanese corporation by certified mail was not valid under California law or the Hague Service Convention, even though evidence showed the corporation had actual knowledge and the service documents bore the corporation's receipt stamp
Engebretson Co. v. Harrison
125 Cal.App.3d 436 (Cal. Ct. App. 1981) Cited 44 times
In Engebretson, the plaintiff had personally served the defendant with summons and the complaint, which alleged damages “ ‘in excess of $5,000, ’ ” and served the subsequent statement of damages only by mail. (Engebretson, at p. 438.)
In re Abrams
108 Cal.App.3d 685 (Cal. Ct. App. 1980) Cited 18 times
Annulling contempt judgment against witness because witness subpoena had not been personally served as required by statute; "the process was not served in the manner required by law and defendant may not be criminally punished for failure to obey the subpoena."
Schering Corp. v. Superior Court
52 Cal.App.3d 737 (Cal. Ct. App. 1975) Cited 12 times
In Schering Corp. v. Superior Court, supra, 52 Cal.App.3d 737, the real party in interest filed an action for negligence and products liability alleging injury from the use of the drugs "Feminone," and "Pro-estrin."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Memorandum Points and Authorities

8 Cited authorities

Holding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention

Holding that the Convention prohibits service by mail

Recognizing right of specially appearing defendant to set aside judgment deemed void due to lack of personal jurisdiction

Holding that service in Japan upon a Japanese corporation by certified mail was not valid under California law or the Hague Service Convention, even though evidence showed the corporation had actual knowledge and the service documents bore the corporation's receipt stamp

In Engebretson, the plaintiff had personally served the defendant with summons and the complaint, which alleged damages “ ‘in excess of $5,000, ’ ” and served the subsequent statement of damages only by mail. (Engebretson, at p. 438.)

Annulling contempt judgment against witness because witness subpoena had not been personally served as required by statute; "the process was not served in the manner required by law and defendant may not be criminally punished for failure to obey the subpoena."

In Schering Corp. v. Superior Court, supra, 52 Cal.App.3d 737, the real party in interest filed an action for negligence and products liability alleging injury from the use of the drugs "Feminone," and "Pro-estrin."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time