Marie

Marie v. Martin

Good Law
1989 Cal. App. LEXIS 119·207 Cal. App. 3d 1426·255 Cal. Rptr. 720
Court of Appeal of CaliforniaFebruary 22, 1989No. F009815California4,115 words

Opinion

Lead Opinion

Best, J.

Kathleen Marie Martin appeals from an order quashing service of summons for lack of personal jurisdiction and dismissing a joinder proceeding brought against respondent Delta Dental Plan of Michigan (Delta). For the reasons discussed below, we affirm the judgment (order of dismissal).

Civil Code sections 4363 and 4363.1 authorize joinder of an employee benefit plan in a proceeding under the Family Law Act upon application of a party claiming an interest in the plan. A summons on joinder of Delta was issued on appellant’s application in a dissolution action. The purpose of joining the dental plan was to secure assignment of the minor children’s insurance benefits directly to appellant. Delta appeared specially to file a motion to quash service of summons for lack of jurisdiction. The declaration in support of Delta’s motion to quash states that summons was served on Delta by mail on November 30, 1987.

Statement of Facts

Appellant Kathleen Marie Martin obtained a dissolution of marriage from Larry Dean Martin effective May 4, 1987. The judgment required Larry Martin to provide dental insurance for the two minor children of the marriage: “As additional child support,…

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