In re the Marriage of Tusinger

170 Cal. App. 3d 80, 215 Cal. Rptr. 838 (1985)

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In re the Marriage of Tusinger

California Court of Appeal
170 Cal. App. 3d 80, 215 Cal. Rptr. 838 (1985)

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.)

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