Bakersfield Hacienda, Inc. v. Superior Court

This proceeding is on an order to show cause based on a petition filed by Bakersfield Hacienda, Inc., a corporation, which prays for a writ of prohibition and alleges that jurisdiction was never obtained over the petitioner in an action pending in the Superior Court of Kern County, entitled Constitution Life Insurance Company, a corporation, versus Bakersfield Hacienda, Inc., a corporation, and others, superior court case No. 80950.

The record shows that on May 19, 1961, Constitution Life Insurance Company, a corporation, as plaintiff, filed the action against Bakersfield Hacienda, Inc., a corporation, Title Insurance and Trust Company, a corporation, and several fictitious defendants in which plaintiff sought judgment for the sum of $480,000 and interest thereon at the legal rate, for reasonable attorneys’ fees, costs and disbursements, and for the foreclosure of a trust deed on a parcel of land located in Kern County upon which the Bakersfield Hacienda Motel is located.

On August 22, 1961, the plaintiff filed two affidavits in support of a requested order for substituted service on the Secretary of State. (Code Civ. Proc., § 411, subd. 1; Corp. Code, §§ 3301, 3302 and 3303.)…