James E. Blair and Southern Ventures, Inc. v. Clifton Burgener 2CA-CV2010-0028 (Court of Appeals December 29, 2010).  This was a breach of contract matter wherein the Plaintiff made numerous attempts to serve the Defendant at his business address in Phoenix, Arizona.  According to the court record, the process server made at least 7 attempts via telephone or office visits to serve the Defendant at his office.  The process server located defendant’s residential address in Phoenix and attempted to serve Defendant 5 times over the next 8 days.  Unfortunately, all the attempts at personal service were unsuccessful.  The Plaintiff filed a Motion for alternate service wherein claimed Defendants were attempting to avoid service and requested permission to effectuate service “upon any person in charge of the office”.  Plaintiff’s Motion was supported by an affidavit from the process server detailing his failed attempts to effectuate service both at the office and Defendant’s residence.  The Trial Court granted Plaintiff’s motion and Plaintiff served the receptionist at Defendant’s office and mailed copies of the process to the business address. Ultimately, a default judgment was entered against Defendant based on the alternate means of service.  The Defendant subsequently filed a motion to set aside the default which was denied thereby appealing this matter. The Appellate Court noted that Rule 4.1(m), Ariz. R. Civ. P., permits alternate service of process when traditional service is “impractical” under the circumstances.  The court noted that Plaintiff herein attempted service at both Appellant’s place of business and residence on 5 different days and at various times.  The process server also attempted to ascertain over an additional 7 days other Defendant Burgener was present in the office so that service could be made.  Thereby holding that these circumstances demonstrate that service process through the usual means would have been extremely difficult or inconvenient, Blair at 11. The Court also noted that the alternate means of service of process did comply with due process as serving the receptionist at Burgener’s office building equates to notice reasonably calculated, under all the circumstances to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.  This combined with the mailing of the service of process satisfies due process requirements. Contact www.SimonLawGroupAZ.com for your free initial consultation with an attorney. 480-745-2450 (602) 926-1212 (623) 321-5200]]>