Monday, May 7, 2018

Case of the Day: Hawkins v. Bank of Am., N.A., 2018 U.S. Dist. LEXIS 57758 (S.D. Cal. Apr. 4, 2018)


Plaintiff alleges his daughter transferred $600,000 in life savings from Bank of America to her own account. The defendant daughter resides in Japan, and allegedly converted the funds while visiting in San Diego, California. After having attempted to serve via Hague Service Convention and failed to receive confirmation that the service was effectuated, the plaintiff moved ex parte to obtain leave for an alternative method of service.

The court granted the motion. The court modified the method of service from FedEx to USPS international express mail, because Japan objected to FedEx service. The court also granted leave to serve on the defendant's attorney via email, but denied the leave for service via email to the defendant directly via email because there was insufficient basis that the email belonged to the defendant.


Shout out to our friends at Viking Advocates, who make an appearance in this opinion! While Hague Service Convention is nothing to be scared of, it is worth remembering that alternative method of service is available if the Hague Service fails.

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