Cory
Cory v. Crocker National Bank
Opinion
Opinion
Caldecott, J.
Plaintiff Kenneth Cory, Controller of the State of California (hereafter appellant or Controller) appeals from a judgment of dismissal entered after defendant’s motion to quash service of summons was granted by the trial court.
The facts are not in dispute. On April 30, 1976, the Controller filed a lawsuit against defendant Crocker National Bank and 10 Does (hereafter Crocker or respondent) for accounting, escheat and for report and delivery of unclaimed property. (Code Civ. Proc., §§ 1500 through 1582.) The summons and complaint were served upon Crocker through its officer, Mr. James M. Brewer, on April 25, 1979. The summons was returned on April 27, 1979. The return clearly indicated that the summons and complaint were served upon “Crocker National Bank, One Montgomery Street, San Francisco, [by serving] James M. Brewer, Operations Officer.” The copy of the summons which was left with Crocker likewise reveals that it was received by “Crocker National Bank, One Montgomery #060 April 25, 1979. Operations Time 2:46 by J. Brewer.” The summons was in the form adopted by the Judicial Council of California and contained the notice provided for in Code of Civil Procedure…