Pasadena Medi-Center Associates V. Superior Court Of Los Angeles County

Petitioners*fn1 seek writs of certiorari and mandate to compel the Los Angeles Superior Court to grant their motions to quash service of summons and to vacate a default judgment and levy of execution against defendants, a corporation, and a partnership in which the corporation was general partner. Defendant corporation's application to the Commissioner of Corporations for a permit to issue stock stated that Albert Binney, Sr., was its secretary-treasurer; plaintiff, relying on the corporation's application, attempted to serve defendants by delivery of summons to him. Defendants now maintain that since Binney, Sr., was not in fact the corporation's secretary-treasurer, service upon him failed and plaintiff's judgment, founded on that service, is void.