American Express Centurion Bank case 478
April 6th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
American Express Centurion Bank v Zara 199 Cal.App.4th 383 (6) (2011) Plaintiff claimed personal service; defendant claimed documents found on his porch the next day. San-Diego-Auto-Accident-lawyer Affidavit described defendant as Asian with black hair; defendant in fact Caucasian with gray-blonde hair. Motion to quash denied, default entered, reversed. [1] Usually quash denials reviewed on writ, but where defendant allows case to go to default, reviewed by appeal. [2] Although service by registered process server is presumptively valid Ev C § 647, shifting burden to defendant, validity defeated where document on its face shows it is untruthful. [3] Where colorable or partial compliance with requirements, and actual notice, then service valid as “substantial compliance.” Not applicable where evidence of compliance false, a fraud on the court. (Opinion discusses distinctions among personal, agent and substituted service.) San Diego personal injury attorney.