Barefield v. Washington Mutual Bank, (Cal App. 3rd Dist) 2006 DJDAR 1427

Opposing party who deposited notice of its motion with overnight deliver carrier (FedEx) satisfied service requirement.

In this case, defendant filed motion for summary judgment and deposited motion that same day with Federal Express for Overnight delivery. FedEx made four attempts to deliver package throughout the following week and then returned package to defendant. Defendant's counsel also left copy on doorstep of plaintiff and again sent package by overnight mail three weeks later. Plaintiff responded to motion arguing that it was not timely served as plaintiff didn't receive until package was sent the second time and that even if sent the first time package still did not provide sufficient notice.

Court found that service was valid upon deposit with overnight carrier under Code of Civil Procedure §1013(c) even though not delivered at that time. Further, Court held that for purpose of Code of Civil Procedure §437c, where motion is served by facsimile, express mail, or other method of overnight deliver, the two additional court days added to the 75-day period are added to the end and not the beginning of the period.