Ben-Yehoshua
Ben-Yehoshua v. Superior Court
Opinion
Lead Opinion
Ford, J.
The petitioner seeks a writ of mandate to compel the superior court to vacate an order denying the peti *720 tioner’s motion to quash service of summons and thereupon to make an order granting that motion.
On May 8, 1961, the real party in interest, a minor, filed an action against the petitioner to recover damages for personal injuries alleged to have been sustained by her in an automobile accident which occurred in the County of Los Angeles on or about May 8, 1960. The real party in interest, as plaintiff in the action, made an application to the superior court on April 3, 1962, for an order for publication of summons. (See Code Civ. Proe., § 412.) In a declaration filed in support of the application, her guardian ad litem stated in part as follows: “To the best of my knowledge, defendant was an Israeli. Said defendant cannot, after due diligence, be found within the State of California. The last known place of address of said defendant is 99 South Pearl Street, Albany, New York. ... At the time of the accident, defendant was a student at U.C.L.A. The Registrar of U.C.L.A. was contacted and the Registrar stated that the defendant was living in Davis, California. ... I then…