Radner v. Eide

California Court of Appeal Jun 19, 1957 No. Civ. No. 17328Published

Before: Kaufman

AI Brief

AI-generated · verify before citing

Holding. Vehicle Code sections 404.1 through 404.4 do not apply to individuals who were not residents of California at the time the statutes became effective, and therefore do not authorize personal jurisdiction over such persons through out-of-state service.

Issues

Whether personal jurisdiction was obtained over a nonresident defendant via out-of-state service under Vehicle Code sections 404.1-404.4.
Whether Vehicle Code sections 404.1-404.4 apply to individuals who were not residents of California on the effective date of the statute.

Disposition. affirmed

Quotations verified verbatim against the opinion

“By their very terms, sections 404.1 through 404.4 of the Vehicle Code apply only to persons who were residents of the state at the time the statutes became effective.”

“They do not apply, and cannot be interpreted so as to apply, to former residents of the state who, at the time the statute became effective, were domiciled in and residents in other jurisdictions.”

KAUFMAN, P. J. — This is an appeal from an order granting the respondent’s motion to quash service of summons in an action brought by the appellant, Irvin Max Radner, in the Superior Court of the County of San Mateo. Such an order is appealable under Code of Civil Procedure, section 963, subdivision 4.

The facts which are not disputed are as follows: In February 1954, the respondent was a resident of the City of Mountain View, in Santa Clara County. On February 22, 1954, while driving an automobile owned by him on a public highway in said county he was involved in an accident in which the appellant was injured. On March 1, 1954, the respondent moved to the State of Washington and has since that date at all times been a resident and domiciliary of the State of Washington. The complaint in this action was filed [801]on February 21, 1955. The summons was issued on the same date, and personal service of the summons and a copy of the complaint was made on the respondent on March 12, 1956, in the State of Washington by Deputy Sheriff L. R Williams, a public officer of the County of Kitsap, State of Washington, duly authorized to serve process. On April 3, 1953, the respondent was issued a California vehicle operator’s license, Number Z1002701 which expired on April 3, 1957.

The only issue on appeal is whether personal jurisdiction of the respondent was obtained by service of the summons and copy of the complaint in the State of Washington on March 12, 1956.

Appellant contends that the trial court erred in granting the respondent’s motion to quash the service of the summons, because the respondent consented to the service, under Vehicle Code, section 404.1 to section 404.4, which are as follows:

“Section 404.1. Service of Process on Resident Accepting Certificate of Ownership or Registration. The acceptance by a resident of this State of a certificate of ownership or a certificate of registration of any motor vehicle or any renewal thereof, issued under the provisions of this code, shall constitute the consent by such person that personal service of summons may be made upon him at any place where he may be found, whether or not he is then a resident of this State, with the same force and effect as though served within this State, in any action brought in the courts of this State upon a cause of action arising in this State out of the ownership or operation of said vehicle. (Added by Stats. 1955, ch. 796, P. 1397, § 1.)

Radner v. Eide

AI Brief

More from California Court of Appeal

Related research

AI Brief