Banning Heights Mutual Water Co. v. Lefebvre CA4/3

INTRODUCTION

Appellant James Lefebvre is a former California attorney who was sued by his old client, respondent Banning Heights Mutual Water Company. Respondent claimed it conducted searches to locate appellant in order to serve him with process but it never effectuated service. Instead, respondent proceeded to take appellant’s default at least twice, and eventually obtained a default judgment in 2012 after serving appellant via publication. Ten years later, in October 2022, appellant sought to vacate the judgment as void. The trial court denied his motion. We reverse, concluding the judgment was void on its face and must be vacated.

FACTS

Respondent sued appellant for legal malpractice, breach of fiduciary duty, and breach of contract on February 26, 2010 (the specific facts of the case are irrelevant to this appeal). Respondent attempted to serve appellant by mail on May 6 and 7, 2010, by mailing the complaint to three addresses. Two of them were post office boxes (one in Pomona and the other in Redlands). The third was an apparent residential address on Winchester Drive in Rialto (the Rialto address). Respondent filed a proof of service by mail on May 26, 2010, but did not…