§Why CasetextPricing

Irvine Four, LLC vs. Park Place associates

Motion to Quash Service of Summons

22 Cited authorities

  1. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,469 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  2. Volkswagenwerk Aktiengesellschaft v. Schlunk

    486 U.S. 694 (1988)   Cited 884 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

  3. Walker v. Hutchinson City

    352 U.S. 112 (1956)   Cited 376 times
    Holding that publication notice deprived landowner of due process even though collateral attack filed after deadline for appeal had passed

  4. Merial Ltd. v. Cipla Ltd.

    681 F.3d 1283 (Fed. Cir. 2012)   Cited 198 times   2 Legal Analyses
    Finding testimonial evidence particularly compelling when the “statements come from the defendant's chief executive regarding his own product”

  5. Watts v. Crawford

    10 Cal.4th 743 (Cal. 1995)   Cited 181 times   1 Legal Analyses
    Summarizing the standard for service by publication under section 415.50

  6. Am. Express Centurion Bank v. Zara

    199 Cal.App.4th 383 (Cal. Ct. App. 2011)   Cited 96 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"

  7. Kott v. Superior Court

    45 Cal.App.4th 1126 (Cal. Ct. App. 1996)   Cited 117 times
    Holding that, under California law, which does not require the transmission of documents abroad and, consequently, does not implicate the Hague Service Convention, the only method of service on a foreign national is service of summons by publication where the party's address remains unknown during the publication period despite the exercise of reasonable diligence

  8. Velasco v. Ayala

    312 S.W.3d 783 (Tex. App. 2009)   Cited 41 times
    Holding that mother deprived of notice that comported with due process could challenge termination order even though it was not filed within Family Code section 161.211's time limit

  9. Espindola v. Nunez

    199 Cal.App.3d 1389 (Cal. Ct. App. 1988)   Cited 67 times
    Holding that the reasonable diligence requirement was met when the process server made three attempt to serve the defendant at the defendant's current address

  10. 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

  11. Section 418.10 - Serving and filing notice of motion

    Cal. Code Civ. Proc. § 418.10   Cited 450 times   1 Legal Analyses
    Providing that a defendant "may serve and file a notice of motion ... [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her."

  12. Section 415.50 - Publication

    Cal. Code Civ. Proc. § 415.50   Cited 331 times   1 Legal Analyses
    Authorizing service by publication

  13. Section 413.10 - Generally

    Cal. Code Civ. Proc. § 413.10   Cited 110 times
    Listing proper methods of service under California law on a person outside the United States