Yolo County Department of Child Support Services v. Myers

Service of summons and complaint on defendant was considered adequate when his father accepted substituted service at home, defendant could not establish that he had a permanent residence elsewhere, and his father gave him actual notice of the suit within three days of the substituted service.  The trial court did not abuse its discretion in denying defendant’s motion to set aside a default judgment of parentage, awarding child support against him.  Defendant claimed he did not live at the address where the complaint and summons were served on his father as substituted service under CCP 415.20(b).  However, defendant’s evidence did not establish that he had a permanent residence elsewhere, and the USPS had verified that address as his barely a month before.  Furthermore, he received actual notice of the suit from his father within three days of the substituted service, so he had ample opportunity to defend himself even if service were improper.

California Court of Appeal, Third District (Renner, J.); May 13, 2016 (modified & published June 10, 2016); 2016 WL 2893845

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