Chapple

Chapple v. Simmons CA1/1

Good Law
Court of Appeal of CaliforniaSeptember 28, 2015A144261California771 words

Opinion

Opinion

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In September 2013, Chapple brought this suit against Simmons and Stephen Weir, the former Clerk-Recorder of Contra Costa County.1 The complaint alleged 14 causes of

1 The trial court sustained the demurrer of the subsequent Clerk-Recorder, Joseph Canciamilla, and the Clerk-Recorder is not a party to this appeal.

1 action,2 most under various provisions of the Business and Professions Code that govern registration requirements for process servers. (See generally Bus. & Prof. Code, § 22350 et seq.) The complaint alleges that on September 9, 2012, Chapple met with Simmons and asked him to file and serve various documents from a wrongful-eviction action Chapple had previously filed in Alameda County, Chapple v. Udinsky (Super. Ct. Alameda County, 2012, No. RG11572749) (Udinsky). A case management order attached to the complaint shows that in July 2012, the Udinsky trial court found that Chapple had failed timely to serve the complaint on certain defendants or file a proof of service and ordered Chapple to show cause why that action should not be dismissed. Simmons then allegedly agreed to serve and file the relevant documents in Udinsky,…

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