Connelly
Connelly v. Castillo
Opinion
Opinion
Stone, J.
Cathleen Connelly appeals from the trial court’s order setting aside a default judgment entered against respondent Fred Castillo. We reverse.
Appellant filed a complaint for personal injury against respondent on February 25, 1983, as the result of sustaining severe damage to her face by bites from a dog kept on respondent’s real property. Although respondent’s attorney agreed to accept service of the summons and complaint, he did not do so when the necessary documents were mailed to him. Likewise, respondent’s insurance company failed to accept service on respondent’s behalf. Finally, appellant obtained respondent’s address by contacting numerous sources. After five attempts to personally serve respondent at that address, substitute service was accomplished by leaving a copy of the summons and complaint with respondent’s mother and thereafter mailing the documents to the same location. This service was deemed effective September 2, 1983.
On September 7, appellant personally served respondent with a statement of special and general damages. Curiously, appellant did not file proof of this service in superior court.