Soliman v. Virgin Atlantic Airways Limited CA1/5
A170850
Cal. Ct. App.Jul 28, 2025Background
- Maher Soliman sued Virgin Atlantic Airways Limited for alleged food poisoning suffered on an international flight from San Francisco to London.
- Soliman obtained a default judgment in California for over $1 million after purportedly serving Virgin Atlantic’s agent in Georgia.
- Virgin Atlantic discovered the default only after notice of bank account levies in 2024.
- Virgin Atlantic moved to vacate the default judgment under Code of Civil Procedure § 473(d), claiming improper service of process.
- The trial court granted Virgin Atlantic’s motion, finding service was not compliant with California’s statutory requirements for foreign corporations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of motion to vacate | Motion was untimely—should be within 2 years. | Motion not time-barred as no statutory limit exists under current law. | No deadline under § 473(d); not time-barred. |
| Effectiveness of serving agent outside CA | Service in Georgia on registered agent sufficient. | Service must be on a CA-designated agent per California law. | Service in GA not sufficient; must comply with CA. |
| Requirement of serving listed agent/employee | Service on an employee of CT Corp is adequate. | Only specified persons at listed CA address may accept service for Virgin Atlantic. | Must serve authorized agent in CA, not GA. |
| Actual notice as substitute for proper service | Actual/constructive notice suffices for jurisdiction. | Actual notice does not cure lack of statutory compliance for service of process. | Actual notice insufficient for jurisdiction. |
Key Cases Cited
- California Capital Ins. Co. v. Hoehn, 17 Cal.5th 207 (Cal. 2024) (due process and statutory requirements for service of process)
- Dill v. Berquist Construction Co., 24 Cal.App.4th 1426 (Cal. Ct. App. 1994) (service on properly authorized individuals for corporate defendants)
- Trackman v. Kenney, 187 Cal.App.4th 175 (Cal. Ct. App. 2010) (timeliness of motions under § 473(d), partially overruled)
- Federal Machine & Welder Co. v. Superior Court, 259 Cal.App.2d 927 (Cal. Ct. App. 1968) (service on foreign corporation’s agent must meet individual state requirements)