Mango v. Special Automotive Solutions
- Laurel Beeler
- 5:23-cv-03422
- U.S. District Court · Northern District of California
- 2
In Mango v. Special Automotive Solutions, Judge Beeler ordered Mango to attempt service by email after earlier service efforts.
Gregory P. Mango must attempt service by email and report the result. Special Automotive Solutions is the intended recipient of that service.
What happened
In Gregory P. Mango v. Special Automotive Solutions, Mango had moved for a default judgment. The court had previously allowed service through the California Secretary of State after attempts at the defendant’s business address and through its corporate officers.
The court explained that California law allows a court to direct a method of service reasonably likely to provide actual notice. Courts in the district have authorized service by email in similar circumstances.
Judge Laurel Beeler ordered Mango to also attempt service at the email address listed in the order. Mango had to file proof of successful service or explain that service was unsuccessful by February 28, 2024. The order did not decide the motion for default judgment.
The detailed version
- Mango v. Special Automotive Solutions · No. 5:23-cv-03422
- Laurel Beeler
- Feb. 20, 2024
Background
Gregory P. Mango moved for default judgment. The court had previously authorized service through the California Secretary of State after Mango attempted service at Special Automotive Solutions’ business address and through its corporate officers.
Service by Email
The court discussed Federal Rule of Civil Procedure 4(e), which allows service on an individual defendant by methods permitted under the law of the state where the federal court is located or where service occurs. The court said California law permits several service methods, including personal delivery, substitute service, service by mail, service outside the state by certified or registered mail, and publication. California law also permits a court to direct another method reasonably calculated to give the party actual notice.
The court cited decisions from the Northern District of California authorizing service by email. It ordered Mango to attempt service at the email address stated in the order: mquiries@specialautomotivesolutions.net.
Required Filing and Disposition
For a clear record, the court also ordered Mango to file proof of service if the email service succeeded, or a statement explaining that service was unsuccessful, by February 28, 2024. The order addressed the additional service attempt and did not rule on Mango’s motion for default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.