Ung v. Headman CA6
In 2003, appellant Jonathan J. Headman, Jr., was named as a defendant in a wrongful death lawsuit after his brother, Timothy Headman, struck and killed two pedestrians while driving a pickup truck. The lawsuit, filed by respondents Ung Tiong Ung, Ai Lang Yong, Margaret Shin Ung, Shin Yu Yung, Anabel Shung We Ong, Abigail Shung Qi Ong, and San San Seah, the survivors of the two pedestrians, alleged that Timothy was employed by appellant and was acting within the scope of his employment at the time of the accident. Respondents attempted to personally serve appellant several times with the summons and the complaint but were unable to complete service. Thereafter, the trial court granted their application to serve appellant by publication. In 2004, the San Jose Post Record published notice of the summons four times. Appellant failed to appear in the action, and the trial court entered a default judgment against him in 2005.
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