Xie
Xie v. Navarro CA1/4
Opinion
Opinion
Streeter, J.
I. BACKGROUND
A. The Complaint and the Proof of Service of Summons On March 4, 2011, Xie, proceeding in propria persona, filed a complaint alleging Navarro negligently caused a March 27, 2009 automobile accident, in which Xie sustained injuries. The complaint states the accident occurred in Salinas; Xie, however, filed his complaint in San Francisco Superior Court. On April 29, 2011, Xie filed a proof of service of summons, which stated that Navarro had been served with the summons, the complaint and an alternative dispute resolution (ADR) package. The proof of service and attached declarations, which were signed by Ms. Dantao Su, state that Su attempted to serve Navarro personally at 70 Riker Street in Salinas (the address listed for Navarro on the police report prepared for the accident), but was “unable to find [him]” there. Su attempted personal service at the Riker Street address on March 5, 12 and 19, 2011. The proof of service states that Su effected “substituted service” on Navarro by nailing the documents to the door at the Riker Street address (on March 19, 2011) and then mailing the documents to that address (on April 27, 2011). After March 19, 2011, Su made…