Service of process: Sacrifice in the name of progress

I read with great interest my colleague Judge Michael Stern's June 29 column, "Service of process by email: A modest 21st-century proposal."

When I presided over a civil court, I would consistently cast some skepticism over the current service by publication process. Although I would often grant those requests (and even enter default judgments accordingly), I would opine in open court, that as far as I was aware, the last defendant who read in the newspaper that he was currently being sued, and as such, quickly came to the courthouse to timely file a responsive pleading, was in the 1890s. Suffice it to state, Judge Stern's modest and common-sense suggestion is certainly a step in the right direction.

It has always been my opinion that the current service by publication process has long-ago outlived its goals. I have a suggestion for our legislators on what we could do to perhaps replace this rather archaic publication process. Create a statewide (or even national) database website such as "AreYouBeingSued?. Com." As a last resort to effectuate valid service, the plaintiff/petitioner in a civil, probate or family law matter, must register their case in this website. It must remain registered for at least six months. Any person can access this website via the internet, and merely input their name, and find out if there are any pending actions against them. Hence, any person who has some concerns about being sued (for whatever reasons) could check this website at least every six months to find out whether he or she is, in fact being sued. No default can be entered vis-à-vis this particular process for at least six months after it has been properly registered to this website. I would hope, that this would also be a step in the right direction.

Of course, it is understood that this proposal, if adopted in some form, would result in loss of revenue to the publishers of the current notices, including the Daily Journal. (Sorry about that.) But just like the previous manufactures of buggy-whips, a sacrifice sometimes needs to be made in the cause of progress. 

-- Randolph M. Hammock

Judge, Los Angeles County Superior Court