Forbes

Plaintiff James Forbes appeals from an order of the superior court quashing the service of the summons upon defendants Cameron Petroleums, Inc., and Harold B. Brett, and, in the alternative (in the event that the quashing of service of summons be held erroneous), granting defendants’ motion to stay proceedings on the grounds of inconvenient forum.

The order also vacated the default of defendants entered September 1, 1976, “on the grounds of excusable neglect by defendants.”

The complaint was for breach of contract for money had and received, and for an accounting. It was based upon a contract in writing between plaintiff’s assignor “JKJ Energy Sales Corporation, a body corporate having its executive offices in the City of Encino, California” and defendant “Cameron Petroleums Inc., a body corporate with registered offices in the City of Greensburg, Indiana.” The contract provided for the drilling of test wells on lands leased by JKJ in Indiana. The liability of defendant Brett was predicated on his alter ego relationship with Cameron.

Purported service of the complaint was made in California on July 27, 1976, by personally serving defendant Brett in his individual…