When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”

Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., Article 3] other than publication . . . .” Article 3 comprises sections 415.10-415.95. The dispute in this case involves the lengths to which a plaintiff must go in exercising “reasonable diligence” under this provision. Here a process server attempted personal service on five occasions at various times of the day at the rented residence. The landlord wrote letters to the residence. Apparently the tenant was on the East Coast, but when the landlord attempted to have its letters forwarded, was informed by the postal service it had been unable to do so. Eventually the landlord obtained a court order permitting it to serve the tenant by posting a copy of the summons and complaint on the rented premises and by mailing a copy to the tenant’s last known address, which it did. A month later, the landlord took possession of the residence and rented it to someone else. Six months later, the tenant, citing Code of Civil Procedure section 473, moved to vacate the default judgment and restore her to possession of the apartment, arguing the landlord had not used reasonable diligence to locate her. The superior court denied the motion and the appellate division of the superior court reversed. The Court of Appeal affirmed the superior court’s denial of the motion to vacate, stating: “As summary proceedings, unlawful detainer actions do not afford defendants all the procedural advantages of ordinary disputes.” The Board of Trustees of the Leland Stanford Junior University v. Ham   (Cal. App. Sixth Dist.; May 15, 2013) 216 Cal.App.4th 330.