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Zond, LLC v. Fujitsu Semiconductor Limited et al

Opposition re MOTION to Dismiss the Complaint for Ineffective Service of Process

18 Cited authorities

  1. 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

  2. Direct Mail Spec. v. Eclat Computerized Tech

    840 F.2d 685 (9th Cir. 1988)   Cited 769 times
    Holding court "does not have jurisdiction over a defendant unless the defendant has been served properly" pursuant to Rule 4 of the Federal Rules of Civil Procedure

  3. S.E.C. v. Internet

    509 F.3d 1161 (9th Cir. 2007)   Cited 288 times
    Holding that "a signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence."

  4. Ellard v. Conway

    94 Cal.App.4th 540 (Cal. Ct. App. 2001)   Cited 152 times
    Holding "[t]he plain language of section 415.20, subdivision (b) authorizes substitute service at a defendant's usual mailing address, which includes a private/commercial post office box"; noting that defendants "leased the private/commercial post office box and notified the United States Postal Service it was their forwarding address, making it their 'usual mailing address.'"

  5. Bein v. Brechtel-Jochim Group, Inc.

    6 Cal.App.4th 1387 (Cal. Ct. App. 1992)   Cited 140 times
    Holding that "two or three attempts at personal service at a proper place should fully satisfy the requirement of reasonable diligence and allow substituted service to be made"

  6. Burger King Corp. v. Eupierre

    CASE NO. 12-20197-CIV-SEITZ/SIMONTON (S.D. Fla. Jun. 14, 2012)   Cited 47 times

    CASE NO. 12-20197-CIV-SEITZ/SIMONTON 06-14-2012 BURGER KING CORPORATION, A Florida Corporation Plaintiff, v. VINCENT F. EUPIERRE, an individual, Defendant. PATRICIA A. SEITZ OMNIBUS ORDER GRANTING PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME TO COMPLETE SERVICE. DENYING DEFENDANT'S MOTION TO DISMISS. AND ORDERING THE PARTIES TO FILE A JOINT SCHEDULING REPORT THIS MATTER came before the Court upon Plaintiff's Motion for an Enlargement of Time to Complete Service [DE 14] and Defendant's Motion to

  7. Khachatryan v. Toyota Motor Sales, U.S.A., Inc.

    578 F. Supp. 2d 1224 (C.D. Cal. 2008)   Cited 22 times   1 Legal Analyses
    In Khachatryan, the Court noted that if hypothetically, Toyota had a subsidiary in California whose exclusive business was importing koi fish, that subsidiary could not be considered the general manager of Toyota's American automotive activities.

  8. Berti Produce v. California Harvest Healthy Foods Ranch Mkt.

    No. C-11-04814 DMR (N.D. Cal. Jan. 27, 2012)   Cited 16 times

    No. C-11-04814 DMR 01-27-2012 BERTI PRODUCE, Plaintiff, v. CALIFORNIA HARVEST HEALTHY FOODS RANCH MARKET, et al., Defendants. DONNA M. RYU ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Plaintiff Berti Produce moves the court pursuant to Federal Rule of Civil Procedure 55(b)(2) for entry of a default judgment against Defendants California Harvest Healthy Foods Ranch Market ("California Harvest") and Gilles Desaulniers. Plaintiff seeks payment of due and unpaid invoices related to Defendants'

  9. Bender v. Broadcom Corporation

    No. C 09-1147 MHP (N.D. Cal. Oct. 30, 2009)   Cited 4 times

    No. C 09-1147 MHP. October 30, 2009 MEMORANDUM ORDER Re: Defendant's Motion to Dismiss MARILYN PATEL, District Judge Plaintiff Gregory Bender filed a complaint against defendant Broadcom Corporation alleging that Broadcom infringed and induced others to infringe U.S. Patent No. 5,103,188 ("the '188 patent"). Defendant now moves the court to dismiss the operative complaint on the basis of defective service of process and the complaint's purported failure to meet the pleading requirements of Federal

  10. West Coast Corvettes, Inc. v. MV Mktg., Inc.

    Case No.: SACV 12-0269 DOC(RNBx) (C.D. Cal. Apr. 23, 2012)   Cited 1 times

    Case No.: SACV 12-0269 DOC(RNBx) 04-23-2012 WEST COAST CORVETTES, INC., a California corporation, Plaintiff, v. MV MARKETING, INC., d/b/a CORVETTE MIKE et al. Defendants. DAVID O. CARTER ORDER: (1) DENYING DEFENDANT MV MARKETING'S MOTION TO DISMISS FOR LACK OF SERVICE (DKT. 33) (2) DENYING DEFENDANT MIKE VIETRO'S MOTION TO DISMISS FOR LACK OF SERVICE (DKT. 35) (3) GRANTING PLAINTIFF'S MOTION FOR PRELIMINATION INJUNCTION (DKT. 6) Before the Court are three motions: (1) a Motion to Dismiss for Lack

  11. 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

  12. Section 415.20 - Leaving copy of summons and complaint at office or at usual mailing address and mailing copy of summons and compliant to person to be served

    Cal. Code Civ. Proc. § 415.20   Cited 885 times
    Setting forth requirements for substitute service under California law

  13. Section 416.10 - Service on corporation

    Cal. Code Civ. Proc. § 416.10   Cited 471 times   1 Legal Analyses
    Addressing service on "[c]orporations generally"

  14. Section 415.10 - Personal delivery

    Cal. Code Civ. Proc. § 415.10   Cited 369 times   1 Legal Analyses
    Authorizing service of summons by personal delivery to person to be served

  15. Rule 4 - Process

    Mass. R. Civ. P. 4   Cited 336 times

    (a) Summons: Issuance. Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule. Upon request of the plaintiff separate or additional summons shall issue against any defendant. The summons may be procured in blank from the clerk, and shall