Anastos
Anastos v. Kuo Chen Lee
Opinion
Opinion
McINTYRE, J.
In this case we conclude that once a party obtains a court order allowing service of the summons and complaint by publication, a separate order is not necessary to simultaneously serve the statement of damages by publication.
FACTUAL AND PROCEDURAL BACKGROUND
In May 2000, a vehicle driven by Kuo Chen Lee (also known as “Peter”) rear-ended a vehicle driven by Cecilia Anastos, in which her minor child,' Theo, was a passenger. Kuo Chen Lee provided Anastos with an address, which was either incorrect or transposed incorrectly, and insurance information. In April 2001, after unsuccessful negotiations with defendants’ insurance company, Anastos filed a complaint in superior court against Kuo Chen Lee and Benson Lee (together defendants) for personal injuries and property damage.
In June 2001, Anastos requested and the court granted an extension of time to serve the defendants because she had been unable to locate them. In August 2001, Anastos filed an ex parte application for an order permitting service of process by publication. (Code Civ. Proc., § 415.50; all undesignated statutory references are to this code.) After the court issued the order, the summons and complaint…