Ellard v. Conway

In Ellard v. Conway (2001) 94 Cal.App.4th 540, substituted service was held proper where the process server attempted to serve the defendants at their last known residence, discovered they had moved, learned from the United States Postal Service that their forwarding address was a private post office and ultimately left a copy of the summons and complaint with private post office store manager and mailed the documents to the same place. (Id. at pp. 545-547.) Importantly, the Ellard court rejected the same arguments raised by appellant here. 3 Appellant contends that the mail store clerk was neither "apparently in charge" of the post office box store, nor "closely connected" to her. In concluding that service on the post office store manager was sufficient, the court commented: "True, section 415.20's comment states there must be a close connection. However, section 415.20, subdivision (b)'s Judicial Council comment states the summons and complaint 'must be left in the presence of a . . . person apparently in charge of the business.' The Postal Annex manager was such a person." (Ellard v. Conway, supra, 94 Cal.App.4th at p. 546, fn. 3.)