Ebeling

On February 1, 1967, plaintiffs Frederick M. Ebeling and JeNell M. Ebeling, filed a complaint entitled “Forcible Entry1 ’ in the superior court. The complaint designated Continental Illinois National Bank and Trust Company of Chicago (hereafter CINB), Pacific Enterprises, Inc., Carl Rosenthal, Milton Rosenthal, Geraldine Rosenthal, Mabel Rosenthal, and certain fictitious parties as defendants. The complaint alleged that the defendants, on or about January 21, 1967, “did violently enter upon said premises (certain real property in the City of Garden Grove) without any claim of right to so enter and without the consent, permission, invitation or knowledge of Plaintiffs and against their will and then and there removed from said premises” certain personal property belonging to plaintiffs. Plaintiffs prayed “for possession of aforesaid property, damages suffered in the sum of $46,028.00, [and] that said damages be trebled.”

Plaintiffs attempted on two occasions to effect service of process on CINB and on both occasions CINB appeared specially and moved to quash the service of summons. The first such motion was made on May 23, 1967, and was predicated upon three grounds: that (1)…