Monday, April 2, 2018

Case of the Day: Feinberg v. Enova Tech. Corp., 2018 Cal. App. Unpub. LEXIS 1582 (Cal. Ct. App. Mar. 7, 2018)


Attorney sued the former client over unpaid legal fees. The defendant was a Taiwanese corporation with principal place of business in Taiwan. The plaintiff served the defendant by serving the California residence of the corporation's CEO. The process server delivered the summons to a woman at the residence who identified herself as the president's wife. The defendant moved to dismiss based on improper service.

The court found that even though it was not clearly established that the CEO receives mail at the California residence, the personal delivery combined with emailing the summons to the CEO (who acknowledged receipt) was sufficient to establish valid service. 


Do be very careful with this case, because it is an unpublished case and therefore uncitable under California rules. That said, it is interesting how service of process on a foreign defendant can often be cobbled together in this manner. It is not the recommended route, but sometimes it may be the only path available.

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