Crockford's Club Ltd. v. Si-Ahmed

Opinion

KLEIN, P. J.

Defendants and appellants Smail Si-Ahmed, an individual (Si-Ahmed), Costa Overseas, Inc., a Panamanian corporation (Costa), and Inter-Consulter, Inc., a California corporation (Inter-Consulter), appeal an order denying their motion to set aside entry of a default judgment obtained by Crockford’s Club Limited, an English corporation (Crockford’s).

For the reasons discussed below, the order is affirmed.

[1404]

Factual and Procedural Background

In July 1980, Si-Ahmed passed eight bad checks to Crockford’s, an English gambling casino, in the total amount of £400,000. In late 1982, Si-Ahmed made a partial payment of £20,000.

In January 1984, Crockford’s obtained a £380,157 default judgment in England against Si-Ahmed. Crockford’s hired an investigator to locate Si-Ahmed and secure payment. In 1986, Crockford’s traced Si-Ahmed to his new residence and office at 804 North Rodeo Drive in Beverly Hills.

On January 30, 1987, Crockford’s filed in the superior court a verified complaint for enforcement of the English judgment, and an ex parte application for a temporary restraining order to enjoin Si-Ahmed, Costa and Inter-Consulter from dissipating, secreting or removing their assets from California. Crockford’s alleged, inter alia: Costa is a Panamanian corporation which is neither licensed to do business nor doing business in California, and which holds title to the Rodeo Drive residence; Inter-Consulter’s “putative place of business” is located at Si-Ahmed’s home; the corporations were mere shells created by Si-Ahmed “for avoiding just debts and other ultra vires purposes, to the extent that no separateness or individuality of said entities exists.”

The trial court granted the temporary restraining order.

Repeated unsuccessful attempts were made to personally serve the defendants at the Rodeo Drive address.

On the evening of February 13, 1987, Acosta, a process server, rang the doorbell. Maria, the maid, answered the door. Acosta advised Maria he was there to serve Si-Ahmed. Maria responded she was not authorized to accept service and directed Acosta to Mrs. Abadou, a neighbor who lived across the street. About one half hour later, Acosta returned to Si-Ahmed’s home and again rang the bell. Maria answered over the intercom and refused to come down and open the door. Acosta informed her she was being served and left the papers at the door.