§Why CasetextPricing

Application Ex Parte Fee Applies

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16 Cited authorities

  1. Peralta v. Heights Medical Center, Inc.

    485 U.S. 80 (1988)   Cited 634 times   1 Legal Analyses
    Holding that procedural due process prevents a court from entering judgment against a party "without notice or service"

  2. Shamblin v. Brattain

    44 Cal.3d 474 (Cal. 1988)   Cited 759 times
    Determining credibility of declaration supporting relief from default

  3. Elston v. City of Turlock

    38 Cal.3d 227 (Cal. 1985)   Cited 238 times
    Ruling on a motion for relief will not be overturned absent an abuse of discretion

  4. Am. Express Centurion Bank v. Zara

    199 Cal.App.4th 383 (Cal. Ct. App. 2011)   Cited 98 times
    Stating that "an individual may be served by substitute service only after a good faith effort at personal service has first been made: the burden is on the plaintiff to show that the summons and complaint 'cannot with reasonable diligence be personally delivered' to the individual defendant"

  5. Summers v. Mcclanahan

    140 Cal.App.4th 403 (Cal. Ct. App. 2006)   Cited 74 times
    Holding that a personal manager was not a close enough relationship to ensure actual notice of service due to lack of evidence that they were in constant communication

  6. Olvera v. Olvera

    232 Cal.App.3d 32 (Cal. Ct. App. 1991)   Cited 77 times
    Doing same, where service by publication was invalid

  7. Taylor-Rush v. Multitech Corp.

    217 Cal.App.3d 103 (Cal. Ct. App. 1990)   Cited 59 times
    Holding that defendants were amenable to personal jurisdiction where one defendant made fraudulent misrepresentations to plaintiff while in California and another defendant "purposely directed" misrepresentations at plaintiff in California even though communications were made while defendant was in New York

  8. In re Vanessa Q.

    187 Cal.App.4th 128 (Cal. Ct. App. 2010)   Cited 27 times
    Explaining requirements of the Hague Service Convention

  9. Lebel v. Mai

    210 Cal.App.4th 1154 (Cal. Ct. App. 2012)   Cited 20 times
    Noting plaintiff tenant failed to exercise reasonable diligence in ascertaining a foreign landlord's address for purposes of the Hague Convention when plaintiff knew landlord lived in London, England and when defendant had provided plaintiff both his email address and telephone number where he could be reached in connection with the tenancy

  10. Tresway Aero, Inc. v. Superior Court

    5 Cal.3d 431 (Cal. 1971)   Cited 91 times
    Holding that a defendant was estopped from asserting improper service where the defendant's conduct caused the allegedly improper service