Legal Opinion
In Re Marriage of Smith
California Court of Appeal
Decided August 31, 1982No. Civ. 48380PublishedCited by 12 opinions
1Opinion of the Court
Opinion
GOFF, J. *
In this opinion we hold that a defendant who was defectively served with summons did not make that service retroactively valid by entering a general appearance after judgment was entered.
We also reiterate that Code of Civil Procedure (all code references are to this code) section 473.5 does not govern a motion to set aside a default founded upon a fraudulent return of service.
The relevant factual background is quite simple. Sandra Smith filed a petition to dissolve her marriage to Leland Smith. Contrary to law, Sandra herself handed the summons and petition to Leland.…
2Cases cited42 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Hanson v. DencklaSupreme Court of the United States · 1958
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Milliken v. MeyerSupreme Court of the United States · 1941
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
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3Cited by12 opinions
- 366-388 Geary Street, L.P. v. Superior CourtCalifornia Court of Appeal · 1990
- Obrecht v. ObrechtCalifornia Court of Appeal · 2016
- Roy v. Superior CourtCalifornia Court of Appeal · 2005
- Caldwell v. CoppolaCalifornia Court of Appeal · 1990
- County of Santa Clara v. EscobarCalifornia Court of Appeal · 2016
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