Seagate Technology v. eSys Distribution CA4/1

INTRODUCTION

Seagate Technology LLC (Seagate) obtained a stipulated judgment against eSys Distribution, Inc. (eSys Distribution) in a lawsuit arising out of a commercial dispute. Years later, Seagate moved to amend the judgment to add eSys Distribution’s former president, Vikas Goel, as an alter ego judgment debtor. Seagate purported to serve its motion on Goel by mailing a copy of the motion to him at an address in India. The trial court granted Seagate’s motion, added Goel as an alter ego judgment debtor, and renewed the judgment as to him. Thereafter, Goel specially appeared and moved to set aside the judgment against him under Code of Civil Procedure section 473,

subdivision (d),1 and to vacate renewal of the judgment, on grounds that Seagate never effected service of process on him. Additionally, he argued Seagate’s purported service of its motion was invalid because he never consented to service by mail and India did not allow service by mail under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638 (Hague Service Convention). The trial court accepted Goel’s…