Bein v. Brechtel-Jochim Group, Inc.
California Court of Appeal
6 Cal. App. 4th 1387, 8 Cal. Rptr. 2d 351 (1992)

- Written by Mary Phelan D'Isa, JD
Facts
Robert Bein and William Frost & Associates (Bein) (plaintiffs) filed an action for breach of contract against multiple defendants including the Brechtel-Jochim Group, Incorporated (BJG) and resident individuals Thomas W. Brechtel, Linda Brechtel, Randy Jochim, and Ann Jochim—the sole shareholders of BJG. The Brechtels lived in a gated-community, and the first three times the process server attempted to serve them, he was denied access by the gate guard. The process server resorted to substitute service on the gate guard, who threw the papers on the ground. As the process server drove away, he saw the guard retrieve the papers. Thereafter, copies of the summons and complaint were mailed to the Brechtels’ residence as required under the service rules. The complaints were not answered, and the trial court entered default judgments against all the defendants. The Brechtels appealed and argued that substitute service was ineffective because Bien did not show that reasonable diligence was made in attempting to effectuate personal service, and the gate guard was not a person apparently in charge of his or her office or a competent member of the Brechtels’ household.
Rule of Law
Issue
Holding and Reasoning (Sonenshine, J.)
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