Pickens v. Aahmes Temple 132, LLC
104 N.E.3d 507
Ill. App. Ct.2018Background
- Pickens sued Aahmes Temple #132, LLC after slipping at the defendant’s nightclub; summons and complaint were served on “Jesse Gurley” at the registered office listed in the LLC’s articles.
- The registered-agent entry in the articles named only “Jesse Gurley” and listed a home address where three different men (Jesse Gurley III, IV, and V) had lived; the LLC intended Gurley IV to be the agent but did not include a suffix.
- Process server Bouas served a 65‑year‑old man at that address who identified himself as “Jesse Gurley” (in fact Gurley III); certified mail regarding the case was repeatedly received/signed at that same address by household members.
- The LLC did not appear or answer; the circuit court entered default liability and later entered damages of $42,837.63.
- About nine months later, after service of a citation to discover assets on Gurley IV at a different address, the LLC moved to quash service and vacate the default judgment, arguing service on Gurley III was invalid because Gurley III was not the LLC’s registered agent.
- The trial court denied the motion; the appellate court affirmed, holding service on a person bearing the exact name shown in the filed articles at the filed registered office satisfied the Limited Liability Company Act.
Issues
| Issue | Pickens' Argument | Aahmes Temple's Argument | Held |
|---|---|---|---|
| Whether service on “Jesse Gurley” at the address listed in the LLC’s articles complied with the LLC Act so as to render the default judgment valid | Service was proper because the process was delivered to the exact name and address the LLC filed with the Secretary of State, satisfying section 1‑50 service requirements | Service was invalid because the individual served (Gurley III) was not the LLC’s registered agent (intended agent was Gurley IV) and thus the court lacked personal jurisdiction; default judgment is void | Affirmed—service was effective: the LLC’s filed designation of “Jesse Gurley” at that registered office allowed service on the person bearing that name at that address; the LLC cannot avoid consequences of its incomplete identification in public filings |
Key Cases Cited
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (due process requires proper notice and service)
- Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95 (an attack on a void judgment for lack of service is treated as a 2‑1401 petition)
- People v. Vincent, 226 Ill. 2d 1 (standard of review for section 2‑1401 rulings)
- Equity Residential Properties Management Corp. v. Nasolo, 364 Ill. App. 3d 26 (jurisdiction vests upon proper service)
- BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (a judgment entered without jurisdiction is void)