In re the Marriage of Tusinger
California Court of Appeal
170 Cal. App. 3d 80, 215 Cal. Rptr. 838 (1985)
- Written by Mary Phelan D'Isa, JD
Facts
Rebecca Tusinger filed a petition in California to dissolve her marriage to Gary Tusinger, who was residing in Arkansas. Pursuant to California Code of Civil Procedure § 415.40, a summons may be served on a person outside the state by sending a copy of the summons and complaint to the person to be served by first-class mail, postage prepaid, with a return receipt. Rebecca filed the summons with a return receipt signed by Gary’s mother. Subsequently, Rebecca was granted a default judgment and awarded custody of the minor children, and eventually awarded monthly child support. When the district attorney sought to collect child-support arrearages, Gary moved to quash service of the summons, which he argued was improper because he was not properly served. The trial court, citing a letter from Gary’s attorney indicating that Gary received a divorce petition initiated by Rebecca, found that service was proper and denied his motion. Gary appealed.
Rule of Law
Issue
Holding and Reasoning (Gilbert, J.)
What to do next…
Here's why 820,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
