Varra v. Superior Court

VAN DYKE, P. J.

This is a petition for a writ of mandate to compel the respondent court to reconsider and grant petitioner’s motion to quash service of summons upon her because of failure to comply with the method prescribed by statute for service of process upon a nonresident defendant in an action arising out of an automobile accident.

Section 17454 (formerly § 404) of the Vehicle Code reads as follows:

“Service of process shall be made by leaving one copy of the summons and complaint in the hands of the director or in his office at Sacramento or by mailing either by certified or registered mail, addressee only, return receipt requested, the copy of the summons and complaint to the office of the director in Sacramento. Service shall be effective as of the day the return receipt is received from the director’s office. A fee of two dollars ($2) for each nonresident to be served shall be paid to the director at the time of service of the copy of the summons and complaint and such service shall be sufficient service on the nonresident subject to compliance with Section 17455.”

Section 17455 provides that:

“A notice of service and a copy of the summons and complaint shall be forthwith sent by registered mail by the plaintiff or his attorney to the defendant. Personal service of the notice and a copy of the summons and complaint upon the defendant whenever found outside this State shall be the equivalent of service by mail.”

Strict compliance with the conditions of the above quoted sections is essential to the obtaining of jurisdiction of a nonresident defendant.

(Weisfeld

v.

Superior Court,

110 Cal.App.2d 148, 151 [242 P.2d 29].) The lack of such compliance rendered the purported service herein wholly ineffectual for that purpose.

On or about October 28, 1959, petitioner received by certified mail a copy of the complaint and summons in the action

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in which she is a named defendant, together with the following notice signed hy plaintiff’s attorney: