House v. Tucker

DRAPEAU, J. pro tem.* June 1,1954, the minor plaintiff, while riding in an automobile driven by one of the defendants, was injured by negligence of the driver of that vehicle and the drivers of two other vehicles, as alleged in her complaint for damages.

Austin Ward Hall, driver of one of the other cars, was also a minor. His father, Ward A. Hall, was the owner of that car. Mr. Hall and his wife had signed Austin’s application for a driver’s license.

At the time of the accident the Hall family were residents of Santa Barbara, California. About August 1, 1954 (three months after the accident) they moved to Texas. Since then they have been residents of that state.

The complaint was filed, and summons issued, May 23, 1955, in Santa Barbara County, California.

There was no publication of summons. The only thing done was to serve the summons and a copy of the complaint upon defendant, Ward A. Hall, in San Antonio, Texas, October 3, 1955.

Apparently this was done in reliance upon, and in con[581]formity with sections 404.1 and 404.3 of the Vehicle Code of California.

Vehicle Code, sections 404.1, 404.2, 404.3, and 404.4, were enacted by the Legislature of California in 1955, and became law in September of that year. This was after the filing of the complaint, issuance of summons, and service thereof upon Ward A. Hall.

Upon motion, service of the summons was quashed as to defendant, Ward A. Hall, by order of the Superior Court of Santa Barbara County. Plaintiff appeals from this order.

Therefore, as stated in plaintiff’s opening brief, the undisputed facts in this case present but one question: Did sections 404.1 and 404.3 of the Vehicle Code apply to actions for damages arising out of accidents of motor vehicles, pending when the law went into effect ? Or, stated in another way, did the superior court acquire jurisdiction of the person of Ward A. Hall by the service upon him in Texas of the summons and a copy of the complaint in this action?

The legal fraternity in the United States has struggled with the validity of service of judicial summons outside the forum of actions in personam ever since state lines were first drawn. It would be hard to find a lawyer or a judge who has not pondered over the landmark case of Pennoyer v. Neff (1877), 95 U.S. 714 [24 L.Ed. 565].