Opinion
S242799
02-15-2019
MEZA (JULIA C.) v. PORTFOLIO RECOVERY ASSOCIATES, LLC
Opinion filed
We answer the Ninth Circuit's question as follows: Section 98(a) requires an affiant to provide an address within 150 miles of the place of trial at which lawful service can be made of a form of process that directs the affiant to attend trial. Although a subpoena normally must be personally served, in some circumstances witnesses can be summoned to appear at trial without service of process upon the witness personally. Thus, section 98(a) does not categorically require that all affiants be personally present at a location within 150 miles of the place of trial for a reasonable period within 20 days prior to trial. Such presence is required only if it is necessary for lawful service at that address of process designed to secure the affiant's attendance at trial.
Majority Opinion by Cantil-Sakauye, C. J.
-- joined by Chin, Corrigan, Liu, Kruger, Groban, and Jenkins*, JJ.
* Associate Justice of the Court of Appeal, First Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.