Beckett v. Martinez

Plaintiff appeals from the trial court’s dismissal of his negligence action, contending that the court erred in granting summary judgment for defendant on the ground that she had not been adequately served with summons and complaint. We reverse the trial court, because we conclude that there are unresolved factual disputes that are material to the issue of the adequacy of service.

The action arises out of a motor vehicle accident that occurred on September 13,1989. Plaintiff filed his complaint on September 12, 1991. On October 12, 1991, plaintiff attempted to serve defendant by substituted…