Neadeau

Neadeau v. Foster

Good Law
129 Cal. App. 3d 234·180 Cal. Rptr. 806·1982 Cal. App. LEXIS 1318
Court of Appeal of CaliforniaFebruary 25, 1982Civ. 20709California1,761 words

Opinion

Opinion

Reynoso, J.

This appeal is from a default judgment of the superior court. Defendant’s major contention is that the default judgment is void on its face because there is no competent evidence in the record to show he was actually served with process. As will be seen, we hold that the California statutory scheme (Code Civ. Proc., §§ 415.40 and 417.20 read together) permits completion of service by mail when the return receipt is signed by a person so authorized by the defendant. The personal signature of the defendant is not required. Thus, we affirm.

I

Plaintiff served defendant, an out-of-state resident, in accordance with section 415.40. The section provides: “A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by any form of airmail requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.” Section 417.20, subdivision (a), delineates the proof necessary to support service of process pursuant to section 415.40: “[P]roof of service shall include evidence satisfactory to the court establishing…

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