Plaintiff Failed To Comply With The Statutory Requirements For Substitute Service Of Process.
Code Civ. Proc. section 415.20(b) provides the process by which substitute service of a summons and complaint may be made upon a party: “If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served …, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household …, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left.”
In Centex Homes v. D.L. Walton, Case No. F077446 (5th Dist., August 10, 2020) (unpublished), plaintiff, declaring it had delivered a copy of the summons and complaint through substitute service, obtained a $1,402,124 default judgment against defendant. The judgment included $103,728 In Attorney Fees And $1,997 In Costs.
Approximately nine months later, defendant successfully filed a motion for Code Civ. Proc. section 473 relief from the default and default judgment – asserting plaintiff failed to comply with the statutory requirements for substitute service of process – because plaintiff had served defendant’s adult daughter at a residence wholly unrelated to defendant’s business and residential address, and had additionally failed to thereafter mail a copy of the summons and complaint. With that, plaintiff’s $1.4 Million default judgment went POOF!
Plaintiff fared no better on appeal – with the 5th District affirming defendant’s relief from the default and default judgment due to the improper substitute service.