Plaintiff Kenneth Cory, Controller of the State of California (hereafter appellant or Controller) appeals from a judgment of dismissal entered after defendant’s motion to quash service of summons was granted by the trial court.
The facts are not in dispute. On April 30, 1976, the Controller filed a lawsuit against defendant Crocker National Bank and 10 Does (hereafter Crocker or respondent) for accounting, escheat and for report and delivery of unclaimed property. (Code Civ. Proc., §§ 1500 through 1582.) The summons and complaint were served upon Crocker through its officer, Mr. James M. Brewer, on April 25, 1979. The summons was returned on April 27, 1979. The return clearly indicated that the summons and complaint were served upon “Crocker National Bank, One Montgomery Street, San Francisco, [by serving] James M. Brewer, Operations Officer.” The copy of the summons which was left with Crocker likewise reveals that it was received by “Crocker National Bank, One Montgomery #060 April 25, 1979. Operations Time 2:46 by J. Brewer.” The summons 1 was in the form adopted by the Judicial Council of California and contained the notice provided for in Code of Civil Procedure section 412.30. 2 However, due to an apparent oversight, neither the original summons filed with the court, nor the copy left with Crocker showed the name of Crocker on the designated place of the form and no checkmark or an “X” was inserted in the box which would have specified that Brewer received the service on behalf of Crocker. However, it bears emphasis that Crocker was the only named corporate defendant in the caption and the body of the complaint and in the caption of the summons and that there were no individual defendants named in the action although there was a boilerplate allegation which included “Does One through Ten” as defendants.
Following the service of summons and the complaint, Crocker’s legal representative requested and obtained an open-ended extension of time to demur, answer or otherwise respond in the action cancellable on 10 days’ written notice to be given by the Controller. The open extension was cancelled on April 21, 1980. Crocker responded by filing a motion
Section 412.30 provides that: “In an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served shall contain a notice stating in substance: ‘To the person served: You are hereby served in the within action (or special proceeding) on behalf of (here state the name of the corporation or the unincorporated association) as a person upon whom a copy of the summons and of the complaint may be delivered to effect service on said party under the provisions of (here state appropriate provisions of Chapter 4 (commencing with Section 413.10) of the Code of Civil Procedure).’ If service is also made on such person as an individual, the notice shall also indicate that service is being made on such person as an individual as well as on behalf of the corporation or the unincorporated association. [11] If such notice does not appear on the copy of the summons served, no default may be taken against such corporation or unincorporated association or against such person individually, as the case may be.”
Although under the case law interpreting the above statute the
provisions
of section 412.30 are mandatory
(Tresway Aero, Inc.
v.
Superior Court
(1971)
Before analyzing the summons in dispute, we set out the legal principles pertaining to the construction of the procedural rules set forth in the Code of Civil Procedure. To start with, we refer to section 4, which underscores that the provisions of the code and all proceedings under it “are to be liberally construed, with a view to effect its objects and to promote justice.” This century-long held view (see
Plummer
v.
Brown
(1884)
When viewed in light of the aforestated principles, the instant case compels the conclusion that the Controller substantially complied with section 412.30. To begin with, it was made clear to James M. Brewer, Crocker’s operations officer, that he was not being served as an individual defendant nor as a fictitious Doe defendant. Secondly, and even more to the point, the summons in dispute revealed on its face that the service was made under section 416.10. (See part 2c of the summons.) This section sets out in detail how a corporation may be served with process in case a lawsuit is initiated against it. The explicit indication on the face of the summons that the service was effected under section 416.10 rules out any potential misunderstanding that Brewer was sued in a capacity other than a corporate representative. Thirdly, the only corporation named in the complaint and summons was Crock-er. This latter circumstance lends added force to the proposition that in the factual context here present Brewer could not, and was not, misled or confused as to the capacity in which he was served. Indeed, the stamp on the upper right hand corner of the summons which was left with Brewer, shows with unmistakable clarity that he received the summons at issue in his representative capacity on behalf of respondent Crocker. In sum, a finding of substantial compliance with section
We finally observe that the cases cited by respondent are all distinguishable from the present instance. In
Schering Corp.
v.
Superior Court, supra,
The additional cases quoted by Crocker are likewise inapplicable. In both
Tresway Aero, Inc.
v.
Superior Court, supra, 5
Cal.3d 431 and
National Union Fire Ins. Co., supra,
In summary, we hold that the service of summons upon Crocker was valid and effective and conferred jurisdiction upon the court below to entertain the action against respondent. As a consequence, both the order quashing the summons and the judgment of dismissal entered thereon must be held erroneous and reversed.
In light of our conclusion the additional issues raised by the parties need not be decided.
The judgment is reversed.
Rattigan, J., and Christian, J., concurred.