Helm

BACKGROUND

This action arises out of a car accident. Helm, then 17 years old, lost control of his car while attempting to avoid another vehicle and skidded off the road onto property leased by Petz at 2630 W. Durham Ferry Road in Tracy. Helm settled with the driver of the other car and sued Petz for personal injuries sustained in the accident. Helm alleged that Petz (or someone at his direction) applied a chemical to control dust on the road that caused it to be “ „slick as ice‟ ” and caused Helm‟s injuries. Apparently believing that Petz lived at 2630 W. Durham Ferry Road, Helm hired a process server who filed a declaration of diligence that he twice attempted to serve Petz at that address, stating, “House is in a rural area. No response at door. No cars.” In his third attempt at serving Petz at that address, the process server “[d]iscovered a warehouse in back. Paragon Company. Per employee, Mike not in.” On the fourth day, the process server averred he accomplished substituted service on Petz by leaving a copy of the summons, complaint, and statement of damages with “Jerry Dias, Employee,” a “competent member” of Petz‟s household. When Petz did not respond to the complaint,…