Stamps

Real party in interest, Barbara Jean Wellington (hereinafter “ex-wife”), brought suit in Yuba County against petitioner, James E. Stamps (“ex-husband”) to establish an Arkansas decree of divorce and to modify it in ways not relevant to this discussion. The action was brought before July 1, 1970. Service of process was attempted but (as is conceded) was inadequate to give in personam jurisdiction because the process server in Arizona served the copy of the complaint and summons not upon- ex-husband but upon ex-husband’s wife. Ex-husband appeared specially in the Yuba County Superior Court to quash service of process. The trial court in a memorandum opinion conceded that no service of process sufficient to establish in personam jurisdiction over ex-husband had been made and asserted that the motion was well taken. Nevertheless, the court deemed that someday in some way a valid service of summons might be attained and therefore denied, the motion.

July 1, 1970, passed and ex-wife then attempted service by mail to obtain personal service pursuant to the provisions of Code of Civil Procedure section 415.40 of the new Jurisdiction and Service of Process Act (Stats. 1969, ch.…